Three charged in Las Cruces drive-by shooting

LAS CRUCES — Two people are in custody and a third is being sought by police over an alleged conspiracy to shoot at the residence of a Las Cruces man and his infant child.

Charging documents allude to prior conflicts between the man and the mother of his 5-month-old son prior to shots being fired toward his home shortly before 6 a.m. on Oct. 29. Also at the residence were the victim’s mother and his younger brother, according to witness statements.

The home is located on a residential street flanked by apartment complexes, a few blocks north of New Mexico State University’s main campus.

Prosecutors state that he had recently argued with 19-year-old Amriss Silva, the child’s mother, when she threatened “to get someone to shoot his house over a dispute about baby wipes.”

Prosecutors have filed a petition to keep Silva in custody while she awaits trial on felony charges of shooting from a motor vehicle and shooting at a dwelling or occupied building, plus two conspiracy charges accusing her of discussing and then participating in the drive-by shooting at the home where her child was present.

Anthony Espana, 21, is accused of shooting at the house from the passenger seat of a friend’s Dodge Charger and remains at large with a warrant out for his arrest. He faces felony charges of shooting from a motor vehicle, shooting at a dwelling, two conspiracy counts and a petty misdemeanor charge of negligent use of a firearm.

Silva allegedly admitted to discussing shooting at the house the night before and that she was in the car when it was recorded on video pulling up to the home before Espana allegedly fired multiple shots. She was interviewed Nov. 7 and arrested Tuesday morning, according to police statements and jail records. She was awaiting the appointment of a defense attorney Wednesday afternoon.

Silva is also awaiting trial on misdemeanor charges of assault, battery and criminal property damage of a household member stemming from a June incident in which she allegedly tried to hit the same victim with a liquor bottle, scratched him and smashed a window of his home.

Saylor Birmingham, 20, the accused driver, was arrested on Nov. 3 and remains in custody. He has been charged with criminal solicitation to commit a shooting at a dwelling or occupied building and one count of conspiracy. Prosecutors allege that Birmingham admitted to driving the car with Espana and Silva. According to a police affidavit, Birmingham denied knowing that his passenger would shoot at the house.

Prosecutors are seeking to hold Birmingham ahead of his trial, arguing in their petition that he exhibited “a total disregard for the life and safety of others” and had violated his terms of release on a separate criminal charge. An attorney for Birmingham did not immediately respond to a query from the Journal.

Police statements indicate three other individuals may have accompanied the defendants, but do not state whether police had identified or contacted any of them.