Trial begins in 2022 'payback' fatal shooting in Northeast Albuquerque

Defense attorneys told jurors Wednesday that David Padilla feared for his life when he fired at least 13 gunshots, killing a man seated in his car outside an Albuquerque home.

Testimony began Wednesday in Padilla’s trial for first-degree murder and other charges in the March 5, 2022, shooting death of 23-year-old Devlin Rubi.

Both defense and prosecuting attorneys agree that Rubi fired the first shots, striking Padilla twice in the leg during an argument in front of a house in Albuquerque’s Northeast Heights.

Prosecutors allege that the injured Padilla, 45, fatally shot Rubi in “payback and revenge” after Rubi fired the initial shots.

The trial is scheduled to continue through Monday before 2nd Judicial District Judge Clara Moran.

Albuquerque police found Rubi shot to death in the driver’s seat of his Ford Focus in the driveway of a house in the 8000 block of Krim NE, near Paseo del Norte and Wyoming.

The home’s resident, Kellie Shugart, Padilla’s girlfriend at the time, drove Padilla to a hospital after the shootings. He was arrested the following day.

Shugart, 41, who is expected to testify this week, pleaded guilty in July to 34 felony counts in connection with the burglaries of about 20 Albuquerque businesses. She faces up to 15 years in prison at a sentencing hearing scheduled for Feb. 6.

Padilla’s attorney, Sarah Pepin, told jurors that after Rubi shot and injured Padilla, Rubi announced to others that he intended to kill Padilla.

After shooting Padilla, “He walked into Kellie Shugart’s house and yelled about how he was going to kill David Padilla,” Pepin said in opening statements.

“Rubi went out to his car where David Padilla was staggering around leaving a blood trail,” Pepin said. “David Padilla has heard that Devlin Rubi always has guns with him. He’s always armed.”

Rubi dropped a pistol in the front yard as he walked to his car and Padilla picked it up, Pepin said. Rubi started his car and put it in reverse, she said.

“Devlin Rubi’s car had guns and ammunition everywhere,” she said. “The car pulls level with David (Padilla). Devlin Rubi cuts the lights, and David fears he’s about to be the victim of a drive by.”

When Rubi turned off the headlights, Padilla took it as a signal that Rubi was about to open fire, Pepin said.

“David Padilla, pleading, terrified, defends himself the only way he can,” she said. “He’s holding Devlin Rubi’s gun. He pulls the trigger and he fires until the gun won’t fire anymore.”

Assistant District Attorney David Waymire told jurors that Padilla retrieved his own firearm after Rubi shot him in the leg.

Padilla “gets his own gun and comes out after Devlin Rubi,” Waymire said in opening statements. Padilla “comes out to the driveway and fires 14 times at the car and at Mr. Rubi.”

Rubi was struck by at least nine gunshots in the neck, arm and chest as he sat in the driver’s seat of his car, Waymire told jurors.

The Office of the Medical Investigator will testify that Rubi’s handgun was found unloaded in his pocket during the autopsy, he said.

Padilla shot Rubi as “payback and revenge from having been shot in the leg,” he told jurors.