State v. Lopez

── State v. Lopez ── Court: New Mexico Supreme Court Date: May 11, 2026 Category: General This decision of the Supreme Court of New Mexico was not selected for publication in the New Mexico Appellate Reports. Refer to Rule 12-405 NMRA for restrictions on the citation of unpublished decisions. Electronic decisions may contain computer- generated errors or other deviations from the official version filed by the Supreme Court. IN THE SUPREME COURT OF THE STATE OF NEW MEXICO Filing Date: May 11, 2026 No. S-1-SC-40306 STATE OF NEW MEXICO, Plaintiff-Appellee, v. TIMOTHY MARC LOPEZ, Defendant-Appellant. APPEAL FROM THE DISTRICT COURT OF RIO ARRIBA COUNTY Mary Marlowe Sommer, District Judge Bennett J. Baur, Chief Public Defender Allison H. Jaramillo, Assistant Appellate Defender Santa Fe, NM for Appellant Raúl Torrez, Attorney General Santa Fe, NM Eric J. Orona, Assistant Solicitor General Albuquerque, NM for Appellee DECISION BACON, Justice. {1} Defendant Timothy Lopez was convicted of first-degree murder (willful and deliberate) for shooting and killing Derek Velarde (Victim), contrary to NMSA 1978, Section 30-2-1(A)(1) (1994). On appeal to this Court pursuant to Rule 12-102(A)(1) NMRA (capital appeal), Defendant claims the lack of a voluntary manslaughter instruction was error or, alternatively, constituted ineffective assistance of counsel; the trial court abused its discretion in allowing an improper rebuttal witness; and that sufficient evidence did not support his conviction. We exercise our discretion under Rule 12-405(B) NMRA to affirm Defendant’s conviction by nonprecedential decision. I. BACKGROUND {2} Defendant killed Victim on Thanksgiving Day, November 26, 2020, at the La Tiendita gas station in Alcalde, New Mexico. {3} As context, evidence presented at trial included Defendant’s report to police in August of that year that his girlfriend, Lynsey Horcacitas, had been raped. Horcacitas underwent a sexual assault nurse examiner exam, and the alleged rape case was turned over to investigators. Victim, who was one of Defendant’s friends and employees at Defendant’s small winery business, was the target of the investigation. {4} Audio evidence from that investigation included Defendant’s statements to investigators that he “seriously thought about blowing [Victim’s] head off”; “[planned to] lure [Victim] in, bring him back to work, and shoot him at my house”; and “[had I known Victim was raping Horcacitas], I would have beaten him to death with my bare hands.” Defendant also told his neighbor, “I dug a bunker and I have a straight shot to [Victim’s] house. I’m going to kill him.” Defendant also had yard signs on and near his property saying Victim raped Horcacitas. After investigating the alleged rape, police concluded that, based on Horcacitas’s inconsistent statements and video footage of her and Victim having what appeared to be consensual sex, there was not “any evidence to suggest [Horcacitas] was raped.” {5} On the day of the homicide, Victim filled his vehicle with gas at La Tiendita, joined by a passenger, Jimmy Campbell. Defendant soon arrived at the gas station. Video surveillance shows Defendant approached the driver’s-side door of Victim’s truck while Victim was sitting in the driver’s seat. Defendant then appears to strike the window twice in a downward direction with an object in his hand. Campbell exited the truck and entered the gas station. Moments later Defendant shot through the driver’s-side window, which physical evidence supported was rolled most of the way up, and the bullet struck Victim in the head. Defendant then opened and closed the car door quickly before entering the gas station. He partially disassembled his gun and placed it conspicuously outside the gas station. Victim died of the gunshot wound to the head. {6} Police interviewed Defendant after the incident. During the interview, Defendant admitted he was involved in the shooting, but claimed the shooting was accidental