Santa Fe, NM (KKOB)– The New Mexico Supreme Court has upheld a Taos County woman’s convictions of accessory to first-degree murder and other crimes related to the killing of a man on Thanksgiving Day in 2020.
In a unanimous decision the Court rejected arguments by Precious Aguilar that there was insufficient evidence for her convictions and that she failed to receive a fair trial because she says the prosecutor mischaracterized testimony, and it confused the jury.
In addition to murder, Aguilar was convicted of conspiracy to commit first-degree murder, accessory to first-degree kidnapping, accessory to aggravated battery, and evidence tampering in the death of Leroy Damasio Fresquez ans was sentenced to life in prison plus nine years.
Aguilar told police that Fresquez had raped her, forced her to smoke methamphetamine, and held her hostage for about a week shortly before Thanksgiving.
According to trial testimony, Fresquez was stabbed several times with a knife by Aguilar’s mother, Juanita Romero, while traveling in a car near Peñasco. Fresquez grabbed the knife and tried to stab the mother.
The driver then pointed a gun at Fresquez and stopped the car. Another passenger knocked the knife out of the victim’s hands and then the mother repeatedly stabbed Fresquez with a large kitchen knife she had concealed under her leg. Fresquez escaped from the car and ran into the mountains. The mother grabbed the gun from the driver and chased Fresquez, that is when a gunshot was heard. She returned to the car to get the knife and then went back into the mountains with the driver. Frequez’s body was found months later in the mountains.
Aguilar’s mother was tried separately and acquitted of all charges relating to Fresquez’s death. The driver pled guilty to several charges, including conspiracy to commit first-degree murder, and later died in jail.
Aguilar argued in her appeal that the state failed to prove she intended for her mother to kill Fresquez and argued there was not enough evidence to support her other convictions.
The Court disagreed.
“A reasonable jury could have found beyond a reasonable doubt that Defendant intended for Juanita to kill Victim based on the evidence presented at trial,” the Court wrote. “Defendant had a motive to hurt Victim because Defendant alleged Victim had kidnapped, drugged, and raped her right before Victim’s death.”
The Court rejected arguments that Aguilar’s convictions should be reversed because of the prosecutor’s comments to the jury during closing arguments, including misquoting a witness’ statement.
