'Emboldened' man wearing GPS monitor committed murder, jury decides

Oct. 19—A man who was wearing a GPS ankle monitor when he fatally shot a man in 2021 was convicted by a jury Thursday of first-degree murder, armed robbery and other charges.

Devin Munford, 21, was on pretrial release in a separate criminal case when he fired a shotgun blast through the door of a Northeast Albuquerque apartment, killing 22-year-old Devon Heyborne.

The 2nd Judicial District Court jury deliberated for less than two hours before convicting Munford. He faces a maximum sentence of life plus 25 years. Judge Joseph Montano has not scheduled a sentencing hearing.

Prosecutors told jurors in closing arguments Thursday that the GPS ankle monitor Munford was wearing gave law enforcement a precise map of his driving trip to and from the murder scene.

Heyborne's mother, Angelica Alire, filed a lawsuit in April alleging that court personnel failed to properly supervise Munford during his pretrial release, resulting in her son's death.

After the judge read the verdicts, Alire said she was relieved that Munson was convicted but remained disillusioned that the court's pretrial monitoring system didn't flag Munson's pretrial violations before her son was killed.

"Through this whole process, my definition of justice has definitely changed," Alire said. "Although this lifts a little bit off my shoulders and my heart, it's never going to bring him back."

Alire said she was shocked by testimony in the seven-day trial that Munford violated court-ordered restrictions on his movements 113 times during the six weeks he was on pretrial release. The trial turned up ample information pertinent to the civil case, she said.

Defendants in Alire's suit, including Bernalillo County, the 2nd Judicial District Court and the Metropolitan Detention Center, filed a response on Oct. 5, denying the allegations.

Munford "made the calculated decision to climb those 16 stairs with a shotgun" to Heyborne's apartment, Assistant Attorney General Joanna Walker told jurors in closing arguments Thursday. "He then proceeds to shoot, through the door, an unarmed man."

Heyborne died of wounds to his chest and wrist at his apartment in the 800 block of Locust NE, just southwest of the Big I.

Less than five hours before Heyborne's killing, Munford went to pretrial services to replace the battery in his GPS ankle monitor, reactivating the device that allowed officials to track Munford's movements that day, a prosecutor told jurors in closing arguments.

Walker showed jurors a map of GPS data points that she said shows Munford driving to Heyborne's apartment at the time of the killing.

"That GPS is sending a signal every one minute up to the satellite," Walker said in closing arguments. "Mr. Munford was at Mr. Heyborne's apartment at the time of the homicide."

Munford's attorney, Camille Cordova, said the GPS data shows Munford driving to Heyborne's apartment complex, but it doesn't show him leaving, suggesting he may have visited someone else at the complex.

She also said a firearms expert had been unable to determine whether a shotgun found at the scene of a later robbery was the same weapon used to kill Heyborne, as prosecutors alleged.

Assistant Attorney General John Duran later reviewed the GPS data for jurors, which he said showed Munford driving away from the complex minutes after the killing.

Duran also said Munford felt "emboldened" that he had faced no consequences for violating court-ordered restrictions on his movements, despite wearing a GPS ankle monitor.

In Munford's mind, "I can get away with murder because nobody gives a snot about me wearing this ankle bracelet and go wherever the hell I want all over the city causing trouble," Duran said.

Munford was wearing a GPS ankle monitor as a result of an earlier arrest on Dec. 23, 2020, for shooting from a motor vehicle and other charges. On Jan. 4, 2021, a district court judge denied a motion from prosecutors asking that Munford remain in custody while awaiting trial on those charges, court records show.

A district court judge placed Munford under the supervision of the court's pretrial services program and required him to wear a GPS ankle monitor. The order restricted Munford to his residence, work and other "necessary appointments." It also prohibited him from possessing a firearm.

Munford and Heyborne had met when they were cellmates at the Metropolitan Detention Center.

About a week before the killing, Munford and another man stole an AK-47 rifle from Heyborne, according to a criminal complaint filed in Metropolitan Court. Munford later returned the firearm, but the incident created animosity between the two men, it said.

About two hours after Hayborne's killing, Munford fired a gunshot at a woman he didn't know. Munford was convicted of aggravated assault in that incident.

The woman testified on Monday that she had asked Munford to move a car parked behind her own vehicle outside her Southeast Albuquerque apartment. Munford responded by pointing a gun at her face, then firing a gunshot over her head, she told jurors.

Munford also was convicted of armed robbery for holding up a 7-Eleven store in the 5400 block of Kathryn SE on April 25, 2021, two days after Heyborne's killing.

Prosecutors said Munford committed the robbery using the same shotgun used to kill Heyborne. Munford was arrested within an hour of that robbery.