Jurors weigh murder charge for 2022 killing in NE Albuquerque
Jan. 22—Attorneys told jurors Monday that the case against David Padilla centers on whether he feared for his life when he fatally opened fire on a man outside an Albuquerque home in 2022.
Prosecutors allege Padilla, 45, fired at least 13 gunshots at 23-year-old Devlin Rubi as "payback" for a shooting minutes earlier in the 800 block of Krim NE, near Paseo del Norte and Wyoming.
Attorneys for both the defense and prosecution agree that Rubi escalated an argument between the two men when he fired three gunshots, striking Padilla in the leg.
Jurors will begin deliberations Tuesday in the 2nd Judicial District Court trial before District Judge Clara Moran.
Padilla faces a charge of first-degree murder, tampering with evidence and felon in possession of a firearm.
Assistant District Attorney Derek Berg said in closing arguments Monday that Padilla was angry and humiliated and "advanced" on Rubi as he attempted to drive from the residence.
Padilla "had the opportunity to shoot Devlin Rubi as (Rubi) was backing a car out of the driveway," Berg told jurors.
"We do know Devlin Rubi shot Padilla and later (Rubi) was trying to leave," Berg said. "Padilla followed him to his car and while Devlin was trying to leave, executed him. This was no longer a rash impulse."
Albuquerque police found Rubi shot to death in the driver's seat of his Ford Focus in the driveway of the house on March 5, 2022.
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.
Padilla's attorney, Graham Dumas, told jurors that the earlier shooting left Padilla seriously injured and bleeding in the front yard.
Padilla had been told that Rubi kept "an arsenal" of firearms and ammunition in his car and feared Rubi planned to kill Padilla as he was backing out of the driveway.
"It is what Mr. Padilla believes that matters in this case," Dumas said Monday in closing arguments.
"Mr. Padilla is afraid of Devlin because he believes (Rubi) has other guns in the car and he's about to use them in a drive-by shooting," Dumas said.
"What may simply have been an innocent action of backing out of a driveway looks very, very different to a man who has just been shot three times in the leg and who is in fear for his life," he said.
Padilla testified in his own defense Monday, telling jurors that Rubi pulled a handgun from his wasteband, shot him three times, then stood over Padilla pointing the gun at his face.
Rubi then reentered the house and began shouting that he intended to kill Padilla, he said. Rubi dropped a handgun in front of the house and Padilla grabbed it, he said.
"I want to pick it up and get it away from him," Padilla said of the pistol. Rubi then exited the garage and walked to his car, he said.
Rubi got in his car and began to back out of the driveway, then turned off his headlights, which Padilla took as a signal that Rubi planned to open fire, he told jurors.
Padilla said he began shooting with the gun he picked up to protect himself and his girlfriend, who was exiting the house. Prosecutors say he used his own gun.
"I felt like I did what I had to do to protect my life and Kellie's life," Padilla told jurors.
