Woman's strangling death prompts frustration with plea deal for killer

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Family members of a woman strangled with a seat belt in 2021 expressed frustration at a sentencing hearing Tuesday that her killer’s sentence is capped at 15 years in prison under his plea agreement.

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Adrian Baltazar-Fierro

Adrian Baltazar-Fierro, 28, was initially charged with first-degree murder in the killing of 40-year-old Marie Krueger, who was found strangled in her car near Interstate 25 and died two days later.

Baltazar-Fierro pleaded guilty in May to a lesser charge of second-degree murder. Second Judicial District Judge Cindy Leos sentenced Baltazar-Fierro to 15 years in prison — the maximum allowed for a second-degree murder conviction.

The 2nd Judicial District Attorney’s Office said Tuesday that the mental health and substance-use problems Baltazar-Fierro displayed at the time of the killing made a first-degree murder conviction in the case unlikely.

Someone convicted of first-degree murder in New Mexico must serve a minimum of 30 years in prison before becoming eligible for parole.

Krueger’s family members expressed frustration Tuesday with the outcome of the case.

“I still don’t think it’s right or fair that Adrian (Baltazar-Fierro) is only getting second-degree murder charges,” Marvin Cordova, Krueger’s eldest son, said at the sentencing hearing.

“This horrible person, Adrian, took my mom’s life and he deserves a life sentence for that,” Cordova said. “My mother was a wonderful person who was very kind and was always trying to help others. She did not deserve to be killed and strangled by this man.”

Leos said she recognized the family’s frustration shortly before she handed down the sentence.

“I know the victim’s family is upset with the second-degree murder,” Leos said. “But the state recognized that given the mental breakdown or the influence of substances that (Baltazar-Fierro) was under at the time of this murder, that it was unlikely for them to be able to prove a first-degree murder.”

Nancy Laflin, a spokeswoman for District Attorney Sam Bregman said Tuesday that New Mexico’s first-degree murder law requires proof of willful and deliberate intent.

“To prove first-degree murder in New Mexico, you have to prove intent — that the killing was willful and deliberate,” Laflin said in a written statement. “So, if someone is intoxicated, or has a mental health issue, that can negate the defendant’s ability to form intent. As a result, this case was reduced to second-degree murder.”

Baltazar-Fierro’s attorney, Rose Osborne, said her client’s mental health problems persisted for some time after the killing but appear to have resolved during his incarceration at the Metropolitan Detention Center, where he has remained since his arrest.

Baltazar-Fierro “is a beloved brother, cousin and son,” Osborne told the judge. “This is not the full story of who he is.”

On March 25, 2021, Krueger called co-workers asking for help because Baltazar-Fierro, “was acting strangely and would not let her go,” prosecutors wrote in a pretrial detention motion. The co-workers called Krueger’s cellphone and Baltazar-Fierro answered, according to a criminal complaint filed in Bernalillo County Metropolitan Court.

Baltazar-Fierro, who was employed at the same workplace, told two co-workers that he didn’t know Krueger’s whereabouts, the complaint said. He agreed to meet the two men at a gas station to look for Krueger. The three later spotted Krueger’s car parked in a dirt lot off the side of the I-25, it said.

As they drove to the lot, Baltazar-Fierro handed over Krueger’s cellphone and keys. Co-workers found Krueger slumped over inside her car and attempted lifesaving measures, the complaint said. She died two days later.

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