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Gang
leader to stand trial
for murder at Elephant Butte
By
Bill Johnson of the Desert Journal
Albuquerque’s
South Valley gang leader Jeffrey Padilla will stand trial in district
court for the shooting death of an alleged drug lord at Elephant Butte
Lake more than three years ago.
Padilla,
31, of the repudiated Los Padillas Gang - which claims members mostly from
the Los Padillas neighborhood but yet others scattered throughout New
Mexico – was bound over to district court Tuesday afternoon after a
two-day preliminary hearing that required “heightened” security
measures.
Police
swarmed the area around and inside the Sierra County Magistrate Court in
Truth or Consequences.
Padilla
and his brother, Johnny Lee Padilla, are accused as co-defendants in the
criminal complaint of an open count of murder, conspiracy to commit murder
and tampering with evidence stemming from the May 24, 1998 gun slaying of
Fernando Velas-quez of Albuquerque at the state park.
According
to the testimony of Jeffrey Padilla’s estranged wife, Monica Padilla,
Jeffrey and Johnny Padilla were going to collect some $20,000 to $30,000
in monthly “taxes” they thought Velasquez should be paying for being
allowed to do drug business in their “city.”
In
other testimony, Jacob Chavez - now serving a 25-year prison sentence for
killing his best friend and witness in the case, Julius “Slick”
Sanchez, upon the alleged orders of Jeffrey Padilla - said Johnny Padilla
was angry that Velasquez was still dating and living with Johnny’s
ex-girlfriend, Angela Sedillo.
The
murder occurred shortly after both Padilla brothers, Chavez and Sanchez
arrived in Velas-quez’s campsite at Cow Camp at about 8:30 p.m. Sunday,
May 24, 1998.
According
to testimony, Johnny Padilla allegedly handed over his 9-m.m.
semi-automatic gun to Jeffrey for the purpose of gunning down Velasquez.
The
execution occurred in the presence of Angela Sedillo, hers and Johnny
Padilla’s son, Johnny Jr., now 10 years old, and a neighboring camper
from El Paso, Frank Cordova, who identified both Padilla brothers in a
photo array with Jeffrey being the shooter with “not quite 100 percent
certainty” while Johnny, who’s still at large from the law in the
case, was playing with his son nearby.
The
defense team led by Roger Bargas, attorney of Tucumcari, continually dug
into the eroding credibility of the witnesses who testified, bringing up
issues of their drug addiction, criminal or felony convictions, their
agreements to have most, if not all, charges dropped, mental illness and
of perjury or lying.
Bargas
said in closing arguments that the evidence presented had only enough
probable cause to bind Jeffrey Padilla over for trial on a second degree
murder charge at most, not first degree murder nor conspiracy as argued by
the prosecuting team that consists of Deputy District Attorney June Stein
of T or C and Ray Montano, special prosecutor of the state Attorney
General’s Office.
Stein
argued however that there was evidence of premeditation involving a
conversation that Jeffrey and Johnny had before going over to the other
campsite, then going behind a truck where Johnny handed over his gun to
Jeffrey for the purpose of shooting Velasquez.
Magistrate
Tom Pestak sided with the state, ruling that there’s sufficient evidence
to try Padilla in district court on charges of first degree murder,
conspiracy to commit murder and tampering with evidence.
Testimony
concerning the actual shooting remained consistent among witnesses
although the description of the murder suspect’s clothing varied
–baggy pants or shorts, short sleeves or t-shirt or tank top.
Highlights
of the testimony, as told by witnesses Monday and Tuesday, ranged from
statements surrounding the actual murder of Velasquez to statements of the
inner workings of the gang.
Angela
Sedillo testified she was Velasquez’s girlfriend for three years prior
to his slaying in 1998. She said she and Johnny Padilla, 25, are parents
of their son, Johnny Jr., 10. She said she lived with Johnny Padilla three
years. Sedillo testified:
“On
the day Fernando was shot, we went on jet skis during the day and fished
on the boat in the evening. When we came back, Denise Garcia and I were
watching a movie (in the recreational vehicle) while also cooking a fish.
“I
heard one pop, then went to the door and I saw Jeffrey standing by the
tree with a gun in his hand. I saw the gun flash. Jeffrey was firing the
gun.
“When
Jeffrey fired the gun, he shot at Fernando. He was running and fell. He
was shot. I saw all this blood. I was at the door where I could see it.
The door was open and the screen (door) was open. I saw the second
gunshot,” Sedillo said.
“I
was at the door when I saw Fernando fall to his knees and he was trying to
crawl,” she said.
Sedillo
said she had told a state police agent she didn’t know why the two
Padilla brothers would shoot her boyfriend.
Sedillo
said that forgery and fraud charges, in which she and her brother
attempted to forge a $11,000 check on Velasquez’s account a few days
after his homicide, was dropped for her testimony before a federal grand
jury.
“I
was arrested at Fernando’s bank. I had thought I was on the signature
card and that I could withdraw money on his account. I was there with my
brother,” Angela Sedillo said.
Defense
attorney Bargas said Sedillo had said she “did it for funeral
expenses.”
“There
was forgery, fraud and conspiracy, all felonies. You (Sedillo) also had
pending child abuse/neglect case and pending possession of heroin case –
all of which are reduced to misdemeanors as part of your agreement to
testify?” Bargas asked the state’s witness.
“Yes,”
Sedillo replied.
Sedillo
said she didn’t recall telling a police officer of a motive for Fernando
being shot. “What I said was, ‘Johnny never liked him.’ I recall
telling a police officer I felt Johnny didn’t like Fernando because he
was dating me.”
Bargas:
“At the marina you told your son to see Johnny and to get a fishing rod.
Johnny couldn’t afford it and Jeffrey instead bought it for Johnny Jr.
Johnny Sr. was visibly upset.”
“Yes,”
Sedillo confirmed.
Bargas:
“Your house was searched on a warrant for possession of heroin and you
were accused in the warrant of selling crack cocaine.”
“They
couldn’t prove it,” she testified.
“The
government has paid you about $6,000. Is that right?”
“Yes.
It was for relocation. I moved to Phoenix. I was back and forth and have
moved back to New Mexico,” Sedillo said. Later she testified, “I had
to relocate… because I thought ‘things’ would happen to my
family.”
Bargas:
“Who practiced Fernando’s signature?”
Sedillo:
“My brother.”
Bargas:
“They seized the [papers] of practicing signatures and you admitted to
doing it and said you didn’t intend to steal Fernando’s money.”
Sedillo:
“It was my brother (practicing Fernando’s signature). I tried to cover
up for my brother – the reason I had said I did it. At the bank I had
Fernando’s identification. I had it because I also had his wallet. I
took Fernando’s driver’s license out to show to the bank.”
Frank
Cordova, who works for the U.S. Department of Agriculture regulating pest
control at the U.S.-Mexico border at El Paso, TX, said he used to visit
the lake once or twice in the summers. He testified:
“I
was there the Memorial Day holiday weekend with my daughter and we camped
with friends of my brother. We had bought a jet ski and wanted to try it
out.
“I
recall the shooting on Sunday. I was sitting on the patio bench and they
(at the campsite next to him) were playing horseshoes before it happened.
We were cooking dinner and getting washed up. I was facing their general
direction.
“I
heard a zing and immediately my eyes went to where the shot was. I focused
in… I saw the person who was shot more than I saw the person doing the
shooting. I was 10 to 15 feet away. Before the shooting, a few words were
exchanged. The shooting distance between the shooter and victim was about
three feet. The initial shot was at about gut level.
“I
then heard two or three more shots that were closer. The person who was
shot faced me directly. He was shot two or three times. He crumpled and
couldn’t get up.
“After
the shooting, the shooter made a left turn, put the gun at his side and
walked out of the campsite, exiting between vehicles in a common passage
area.
“I
told police I didn’t get a good look at the suspect because there was a
lot of ducking and head bobbing. In a photo line-up I identified someone
as being the shooter. I felt more confident the second time I looked at
the photos (during the grand jury in Las Cruces),” Cordova said.
“I
felt I needed to protect my daughter (the reason for dodging bullets and
taking cover),” Cordova said. “I’ve never seen a shooting or killing
before. There were 30 to 40 people there and that person just slipped by.
It was very traumatic at the time. I noticed the lady who was there who
said, ‘You shot him’ to the shooter. The little boy was seven to 10
feet away.”
Cordova
said he recalled telling FBI agent Al Romero, while Romero was showing him
the photo array, “This photo resembles the shooter and… another looks
like it could be his brother.” Cordova said he has perfect 20/20 vision
and that his last eye exam was within the year.
“There
was no pressure to pick anyone (in the photo array). We ducked because we
feared for our personal safety. I thought there would be a gang-like
shootout when that person came toward us and I didn’t know if we were
potential targets.
“It
took the joy and fun out of going to the lake. It’s scary with possible
gang involvement...” he testified.
Nicole
Gonzales, 20, testified that Johnny Padilla was her ex-boyfriend, having
dated him for about six months. “I was in love with Johnny.”
Gonzales
said she went to the lake with Johnny Padilla that weekend and they stayed
overnight in the Hot Springs Best Western Motel in Truth or Consequences
where Jeffrey and Monica Padilla, Jacob Chavez and Julius “Slick”
Sanchez also had rooms.
“On
Sunday, we got up and went to the lake about noon, rode on jet skis,
partied and drank.” She said she recalled there was a short period of
time when both Padilla brothers, Slick and Jacob were gone from the camp
site. “It was about a half hour. I and Monica sat together with a few
other girls.
“Later,
Johnny came back and pulled Monica to the side. He was in a hurry to talk
to her. I got my sandels out of the green truck and went to talk with
Jeffrey. He told me to get into the car and we left. Jeff told Johnny I
should go with Monica. Jeff was in the driver’s seat of a car belonging
to a girl named Lisa.
“I
get in the car, Johnny gets in the car with me in back and Slick gets in
and we went straight to Jeffrey’s house in Los Lunas. No one stopped to
get their belongings. My personal stuff was in the motel room where I left
it. Slick and Jeff didn’t have their belongings. I did ask why we were
leaving and Johnny asked me not to ask any questions. He said, ‘Don’t
worry.’
“I
didn’t watch the news that night or learn of the shooting then. I was
scared. Everyone was protecting Johnny. I was in love with him,” Nicole
Gonzales said.
“I
didn’t realize someone was killed until the next morning. I didn’t
know what to think – that maybe they (the four men) saw their enemies
and had to leave the lake.”
Asked
about a gun, Gonzales said that on the way to the lake Johnny asked her if
he could put his gun in her purse.
Asked
by the defense if she had lied to the FBI about Johnny never possessing a
gun while at the lake, Gonzales said, “Yes. I told the FBI my mom would
get mad if I didn’t get home by Sunday night. But I didn’t tell Al
Romero the truth. I’ve never been in a situation like this before. I’m
saying…”
“You’re
saying you didn’t tell the truth until today?” Bargas asked.
“When
talking to Monica I over-exaggerated a bit. Maybe because I was trying to
fit in. I told Monica I was drunk and tripping on acid. I was drunk and
tripping on acid when I got to the lake that Sunday. I took acid when we
got at the lake around noon. I never took acid before. I felt drugged in a
half hour and it lasted for about six hours,” Gonzales said, adding,
“I also drank a large amount of alcohol.”
Bargas:
“At Applebee’s you told Monica (who had a recording device operating)
the same thing you told Romero.”
Gonzales:
“I was living with my mother and she expected my return on Sunday.
Before I left I told her I didn’t know if I’d return by Sunday or
Monday and she said she preferred Sunday. I was 16 or 17 at the time of
the shooting.”
Bargas:
“At Applebee’s, do you remember saying, ‘Jacob Chavez said he did
it’?”
Gonzales:
“No. I have not heard the wire tapings of Monica.
Bargas
said a July 1999 transcript from the Applebee’s recording of Gonzales
recorded her saying that Jacob Chavez admitted to the murder. “They gave
him the gun to do it.”
“No,
I don’t remember,” Gonzales testified.
Bargas
said that in a March 2001 interview with defense attorney Billy Blackburn,
Gonzales told him that besides her taking acid, “You also told him
Johnny took acid. You also said you never saw Jeffrey with a gun.”
“True.
But I also didn’t see Jacob with a gun at the lake. I didn’t see him
(Jacob) drive the RV into the water or didn’t see him get sunburned on
one side of the body while sleeping,” Gonzales said.
Instead
of returning home Sunday night, Gonzales said, “I figured I would
already get in trouble (at home) and it was late. I didn’t want to talk
today about Johnny carrying a gun or about them wanting to return to
Albuquerque (in such a hurry). I was just a kid,” Gonzales said.
Asked
by Bargas whose idea was it to return to Albuquerque, Gonzales said,
“Johnny is the one who approached me and asked.”
Jacob
Chavez, 22, a member of the Los Padillas Gang since age 5, wearing
shackles and a jump suit with “STATE PRISONER” bouncing off it,
testified that he is serving a 25-year prison term after admitting his
guilt in the shooting death of Slick. He said he knows Jeffrey Padilla as
a friend. He added he’s also familiar with the Los Padillas Gang
because, “I’m a member.”
“I
object,” Bargas said. “This is not the trial of a gang… This will
interject prejudice into the case.”
Prosecutor
Stein argued however, “This has to do with the relationship between him
and the gang. All of this has to do with the motive and how the gang
members interact.”
“This
is an interesting theory on the part of the state,” Bargas said. “To
establish membership in a gang does not prove their relationship – they
are friends!”
“Objection
overruled,” Judge Pestak said.
“I’m
a member of it. Other members include Jeffrey, Johnny, Carlos, Chris,
Julius Sanchez,” Chavez testified, adding that Jeffrey Padilla is “in
charge:” of the gang.
“In
charge means the gang is run right. He gives orders. Jeff ordered me to do
different things.”
“Objection!”
Bargas said, adding that the testimony is highly prejudicial evidence
without specific time frames.
“On
Sunday, I rode jet skis. I didn’t know Fernando at the time. Jeff drove
me to Fernando’s camp site (that Sunday night),” Chavez said, adding
that Johnny and Slick arrived in another vehicle.
Chavez
said he saw Jeffrey get out of the vehicle first. He said he also saw
Johnny give an automatic gun to Jeffrey.
Chavez
said he and Jeffrey then started approaching Fernando and Chavez then
veered off with Johnny.’
“I
heard a gunshot about 25 feet away. I turned around and looked and saw
Jeff holding the gun and Fernando on the floor. I heard one shot only. I
walked away with Johnny. Jeff and Slick also walked toward the truck. We
walked fast. After the shot, I saw Angela – she was standing in the
doorway (of the RV),” Chavez testified.
After
getting into the vehicle with Jeffrey Padilla, Chavez said, “He (Jeff)
gave me the gun and told me to throw it in the water. It was a 9-m.m. gun.
I held it in my hand. I threw it in the lake.”
Chavez
said he went where few people were and waded out, then swam a little way
before throwing the gun about 30 feet into the water. “I swam back out
and returned to our camp. Julius and a bunch of girls were there. I went
inside the RV and started drinking again. I stayed overnight (at the
lake).”
And
then it slipped. “Jeff spoke to me about Slick after the shooting,”
Chavez said.
“This
is another case of a homicide involving Slick and it’s not relevant to
this case,” Bargas said, objecting. “The issue is whether Padilla is
involved in a homicide but to open the door to an entirely different
homicide breaks the rule of evidence. The court must weigh this and
prejudicial testimony against my client,” the defense attorney said.
Judge
Pestak sustained the defense’s objection.
“I
never spoke to Jeff about the shooting at the lake,” Chavez said.
Stein:
“Who did you kill?”
Chavez:
“Julius. I came forward and talked to police. I came forward because I
was hurting. I took a person’s life. Jeffrey ordered me…”
Bargas:
“This is highly objectionable. If we get into the Slick case we’ll be
here a couple more days.”
Stein:
“The testimony is this witness killed Slick at the order of this
defendant to cover up this homicide… [Chavez] was ordered to kill his
best friend.”
Bargas:
“There are many reasons for the state to open up the Slick case and
evaluate which of these theories hold water…”
Pestak:
“Objection sustained.”
Stein
said it’s appropriate to present evidence of the witness having a
consciousness of guilt.
Chavez:
“I later entered into an agreement with the state. I was sentenced to 25
years prison and am to testify truthfully.” He said his sentence is
actually 41 to 42 years (but 16 or 17 years of it are suspended). I gave
statements to police. I tried to be as truthful as I could and am today.
Stein:
“You hurt from killing your best friend?”
Chavez:
“Yes, and from the other crimes committed.”
Bargas
(on cross examination): “Your nickname was 8 Ball at one time. Now you
go by Little Snake. Snake was your dad’s nickname…” He then asked
Chavez what medications he takes or has taken and for what reason.
Chavez
said he’s now taking an anti-depressant and had taken anti-psychotic and
anti-hallucinogenic drugs for his chronic visible and audible
hallucinations.
Stein:
“Objection on relevancy.”
Bargas:
“We’re going to establish the witness has a history of hallucinating
– seeing objects and hearing things not actually present.
Judge:
“Objection sustained.”
Chavez
said he was put on medication in May to stop the hallucinations.
Bargas:
“This includes seeing people not there?”
Chavez
said he has been having hallucinations including during the time period of
the murder of Velasquez. “It was caused during an early age. “I am
disabled and because of my disability and mental problems (that started
during his childhood), I was receiving Social Security income. I have been
hospitalized in psychiatric hospitals since the first or second grades.”
Stein:
“Objection. Get to the point.”
Bargas:
“This is a chronic problem in existence almost all of Chavez’s life.
It’s more than likely he was suffering from it in May 1998.”
Stein:
“His position already was overruled.”
Bargas:
“Were you on any medications when the shooting occurred?”
Chavez:
“No. I wasn’t on medications then.”
Bargas:
“Have you had a criminal record since age 12?”
Stein:
“Objection!”
Bargas:
“Rules state evidence of prior misconduct is allowed to determine the
credibility of a witness. We have a right to impeach this witness. To
preclude us from getting into his criminal history would violate the
defendant’s rights.”
Stein:
“Only crimes of dishonesty call for impeachment of a witness.”
Bargas:
“Rule 608 allows the defendant to cross examine a non-defendant witness
for incidences of misconduct to determine truthfulness. The misconduct
could include a criminal record of drug trafficking or of stolen
property.”
Stein:
“This is not even a crime of dishonesty.”
Chavez:
“I never stole a car in my life.”
Bargas:
“In the interview with Blackburn, you said, ‘Stealing cars.’ He
asked when and you said, ‘I started stealing cars at age 12 or 13’.”
Chavez: “I
didn’t steal them. I received stolen cars.”
Bargas:
“There was a shootout with police in the theft of a van and an occupant
was paralyzed by a gunshot.”
Chavez:
“Yes.”
Bargas:
“There was an aggravated assault during a shoplifting of cigarettes, and
you stabbed one of your friends.”
Chavez:
“That’s right.”
Bargas:
“At 19, you carjacked and showed a gun and made a guy get on his
knees.”
Chavez:
Blank expression.
Bargas:
“In a statement to Blackburn with Montano present, you said, ‘I just
told him to get on his knees.’ Montano asked, ‘Did you point the gun
at him?’And you said, ‘I showed it to him’.”
Chavez:
“That’s right.”
Bargas:
“You threatened other drivers with a gun? You said you go everywhere
with a gun?”
Chavez:
“Yes, most of the time.”
Bargas:
“In a plea agreement you plead guilty to murder and received a 25-year
sentence. You must serve 12 and a half years before you’re eligible for
parole.”
Chavez:
“Yes. Yes.”
Bargas:
“For your testimony, they dismissed the carjacking charge? The
kidnapping charge? The assault and battery charges and all of the drug
trafficking charges?’
Chavez:
“Yes. All charges were dismissed (except the Slick murder charge).”
Bargas:
“You admitted to how many drug transactions? There were hundreds of
cocaine, heroin and methamphetamine transactions.”
Chavez:
“I admitted to five drug charges.”
Bargas:
“You made $18,000 a week. You did more than five drug transactions. But
you will not get prosecuted for any of this – kidnapping, assault and
battery. You admitted to trying to get your girlfriend Alicia to lie to
get you off the hook.”
Chavez:
“Yes.”
Bargas:
“But no prosecution for this?”
Chavez:
“Yes.”
Bargas:
“No prosecution for the murder at Elephant Butte?”
Chavez:
“Yes, no charges.”
Bargas:
“At the interview in jail, you’re supposed to be truthful. Mr. Moya
got a recorded statement.”
Chavez:
“I was not truthful with him.”
Bargas:
“Did they let that slide?”
Chavez:
“I don’t know.”
Bargas:
“During the interview with FBI, you shot up heroin and changed your
story.”
Chavez:
“The story was not true.”
Bargas:
“You gave a lot of different versions on the story.”
Chavez:
“I told the truth except when I covered up for Jeff and said I killed
Fernando.”
Bargas:
“You told Blackburn you lied so much you can’t remember.”
Chavez:
“I don’t remember telling the attorney that.”
Bargas:
“You told Maurice (Moya) you lied so much you can’t remember.”
Chavez:
“I wanted to get out of there and cut the interview short.”
Bargas
then asked about the tattoo of a tear drop over Chavez’s left eye.
“Does it mean you killed someone?”
Chavez:
“Yes.”
Bargas:
“Los Padillas refers to a neighborhood in the South Valley?”
Chavez:
“Correct.”
Bargas:
“It’s referred to as a barrio. Being a member of Los Padillas may mean
being part of a neighborhood?”
Chavez:
“Yes.”
Bargas:
“It doesn’t necessarily mean being part of a gang?”
Chavez:
“Yes.”
Bargas:
“How many members, 100, 500?”
Chavez:
“I don’t know.”
Bargas:
“You said six to seven run the group and you’re part of the six or
seven and you can do things without getting permission of Johnny or Jeff.
You put yourself on the same level of hierarchy as Jeff.”
Chavez:
“Not necessarily. But I did what I wanted to.”
Bargas:
“At the May 19, 2001 interview with Blackburn, the attorney asked,
“Did you see yourself on the same level as Jeff and Johnny in making
decisions and you said, ‘Yes’.”
Chavez:
“I recall making the statement I was on the same level as the two.”
Bargas
said Chavez told FBI agent Romero he killed Velasquez. “Then you said
Jeff paid you $10,000 to kill Fernando.”
Chavez:
“I told the FBI that.”
Bargas:
“You said Jeff and Johnny gave you guns to do this. You also told the
FBI they would give you a $500 bonus if you grabbed his necklace. Now you
testify you lied to the FBI.”
Chavez:
“Yes, I lied.”
Bargas
said Chavez returned from a second break in the interview with yet a third
version to his story.
Chavez:
“The third statement was the truth.”
Bargas:
“You said Jeff threw the gun in the water, not you.”
Chavez:
“I don’t remember.”
Bargas:
“The agent asked, ‘Did he ever give you the gun?’ You said no and
said he (Jeff) threw it in the water. But today you testify you threw it
in the water.”
Chavez:
“Yes.”
Bargas:
“During a transport from Albuquerque to Grants, the officer recorded a
conversation and you waived rights and told Mr. Thomas that before going
to the Butte, Johnny was upset because Fernando was going out with Angela.
You also said you didn’t know what happened to the gun.”
Chavez:
“I lied to him too.”
Bargas:
“An agent took you to Elephant Butte in an attempt to recover the
gun?”
Chavez:
“It was just one trip to Elephant Butte to find the gun. We didn’t
find the gun. No one ever told me whether the gun was found.”
Bargas:
“You smoked a large amount of marijuana and drank a large amount of
alcohol.”
Chavez:
“It was beer and tequila and I smoked marijuana.” He added he didn’t
take LSD the day of the shooting. “I drank like a fish.”
Bargas:
“You had a bathtub full of alcohol.”
Chavez:
“I got a 50/50 sunburn when I passed out. I drove the RV into the
lake.”
Bargas:
“You got into a fight. You got mad because Leroy took your girlfriend
out on the jet ski. You broke his nose.”
Chavez:
“Yes.”
Bargas:
“You were going to go over and collect a debt?”
Chavez:
“It was for a car.”
Before
disposing of the gun, Chavez said Jeffrey while still in the truck gave
his T-shirt to Chavez. Chavez said he then used the T-shirt to wrap up the
gun. “I walked out as far in the lake as I could, then swam a ways
before throwing it.”
“I
never saw who did the shooting,” Chavez said.
Upon
re-direct testimony, Chavez said he joined the gang when he was five years
old. “I carried a gun a lot for different reasons. Mainly for my own
protection.”
Stein:
“Did police have evidence of your drug transactions?”
Chavez:
“It was part of my involvement in the Los Padillas Gang. I had no
involvement in the execution of Fernando. The tear drop is for killing
Slick.”
Monica
Padilla, 25, testified that she married Jeffrey Padilla in August 1993
when she was only 16 years old. She said she and Jeffrey have two
daughters, now ages 6 and 8. She said she’s now awaiting the final
divorce decree. She said the children have seen their father eight times
since his incarceration in April 1999.
Mrs.
Padilla said she’s familiar with the Los Padillas Gang because her
husband and his brothers belong. “The leader was my husband. His
brother, Johnny, may be the leader now. He was second in command under
Jeff.” She described Jacob Chavez as being a “pistolero” in the
gang. A pistolero, she said, is like a body guard and they also do the
dirty work.
“My
husband had someone with a gun following him because he had enemies. If we
got shot at, we had to be able to defend ourselves,” Mrs. Padilla
testified.
She
said gang members usually wear tattoos of the zia symbol on the back of
their heads or somewhere else on their bodies and tattoos with “LP” or
“LPG.”
“Jeff
had the zia symbol on his stomach before I met him. I was married to him
when he put ‘BLPG’ on his back,” she said.
Monica
Padilla testified she went to the lake with her husband, brother and
sister in the Padilla’s blue Ford F-150 truck on either the Friday or
Saturday before the shooting.
“A
lot of people were there… including a lot of other gang members.”
At
first they checked into the Best Western.
Mrs.
Padilla testified she knew Velasquez. “We were friends, acquaintances.
He had a body shop on South Coors where my husband was having his car
refurbished. I believe George Jaramillo was doing the work on the car.
They too belong to the gang and have the same tattoos and T-shirts with
gang symbols.
While
at the lake, Monica Padilla said she left her camp site near the
“electric ridge” and ran into Alvin Chavez, his brother and a couple
of girls in a blue suburban. “They said they were camped close to
Fernando Velasquez at Cow Camp.”
She
said she has known Angela Sedillo as long as she has known her husband,
Jeff. “After Angela left Johnny, we didn’t talk much to her.”
In
the evening Mrs. Padilla said she heard a conversation between Jeff and
Johnny in which they discussed how Velasquez “did not have the right to
sell drugs in their city and he would have to have a tax of $20,000 to
$30,000 per month if he was to continue selling drugs in their city.”
“Jeffrey
didn’t believe Fernando would just hand over the money and Johnny was
sure he would,” Mrs. Padilla said.
She
testified that before the four men left the camp site for about “15
minutes,” she and Jeffrey had an argument: “Because I thought Jeff was
going to Alvin’s camp [to party with] other girls. Jeff said they were
going to Alvin’s camp to collect money and Johnny assured me that would
be the case.”
Mrs.
Padilla said she heard an argument between John and Jeff about five
minutes before they left their camp for Fernando’s (who was in Alvin
Chavez’s camp). Earlier in the day she said she saw Johnny Jr. and
another boy at the marina. “Johnny was upset after seeing them –
Angela and Fernando – at the marina. I was within earshot. He (Fernando)
said he thinks he can own this and that. And he owes us money. Later in
the afternoon, at first Jeff said, “Let it go. Why do you care?”
“Then
Jeff and I had a conversation where he was asking me if I thought he
should go over there and tell them he owes us this money, or if we should
beat them up. I said, ‘Don’t be ridiculous, don’t be stupid. I told
them I don’t want them going anywhere,” Mrs. Padilla testified.
After
the men returned to the camp site from the short visit, Mrs. Padilla said
Johnny called her to the side. “Jeff was nervous, his speech was fast
– he jumped out of the vehicle and he hurried off to a secluded area
where few people were. I was there too.
“Jeff
spoke to me and gave instructions. He asked, ‘Did you hear the shots?’
I said, ‘No, I didn’t.’ He took off his shirt, pants and jewelry and
told someone to do something with his clothes. Jeff then told me he could
go to jail for a very long time. His face looked a little scared and
sad,” she said, adding that she then saw Jacob Chavez walking in the
lake.
“Jeff
and Jacob made eye contact and Jeff told him with his hands, not verbally,
in three motions, ‘Get rid of the gun, throw it’,” Mrs. Padilla
testified. She said she then saw Jacob get out of the water.
“He
(Jeff) then told me to get into the truck, go to the motel, get our things
and go home. It was chaotic at the camp then. Jeff told me to leave and
not ask any questions,” she said.
“I
inquired why we were being sent in the truck while Nicole was going with
the guys. Jeff said they didn’t want us girls gossiping on what just
happened,” she said.
Mrs.
Padilla said she then left the lake with her two daughters, her sister and
Julie Jaramillo and returned to the motel in T or C where they were
greeted and surrounded by police at about 9:15 p.m.
“The
police asked us where the men are and I told them we were alone. They said
this was Jeff’s truck. I said we had been together, but at this exact
moment I didn’t know where he was,” she testified.
“At
the motel, police made us get out of the vehicle. They were very mean to
me. They put handcuffs on me and threw me in the (squad) car. They kept in
the car about an hour. I told them the truth – I didn’t know where
Jeff was.”
Mrs.
Padilla said the police then put her in a mobile jail unit until a trip to
the Sierra County Jail.
She
said police “kicked down the doors” of their motel rooms about an hour
after their detainment.
“I
was in jail from 10 p.m. to 1 a.m. I called my father-in-law at 2 a.m.
Jeff’s father picked us up and took us home to Los Lunas,” she said.
At
one point Mrs. Padilla said her older daughter vomited and police were
worried about the children so they let them in the jail cell with her.
“We all sat in the jail cell. I knew nothing of the killing, but in the
cop car I heard them say someone was shot in the stomach.”
“I
got home and was distraught. I saw Lisa Kelley’s red sedan car in my
driveway. The car was at the lake and when I got home it was in front of
my house,” she said.
“When
I heard the news I was shocked – I didn’t know anyone died until then.
I heard on the car radio someone was shot and on the TV news I learned
someone was killed. I was very upset my husband let me and my children
stay there as scapegoats,” she said.
After
being home a short while, Mrs. Padilla said they then went to the
Barcelona Suite hotel on Louisiana Boulevard in Albuquerque, staying there
a couple of nights.
Mrs.
Padilla said she heard a conversation between Jeff and Johnny regarding
Slick and the Elephant Butte homicide. “They argued about who was going
to have to take care of Slick. Johnny said Jeff was the one who brought
Slick into the inner circle. Johnny said Jeff should be the one to take
care of him.”
Mrs.
Padilla said she now takes an anti-depressant for panic attacks. “I
cooperated with police after they said they knew I committed perjury in a
grand jury hearing. I wanted to get away from my husband. He always beat
me up.”
Defense:
“Objection.”
Judge:
“Sustained.”
Mrs.
Padilla: “I perjured myself at the grand jury. I wanted to tell the
truth. I was afraid that… I know Jeff was called to the grand jury.”
Defense:
“Objection.”
Judge:
“Overruled.”
Mrs.
Padilla: “He first told me not to answer the door because they would try
to serve me. I was told to tell them I know nothing, that I drink and
remember nothing.”
Defense:
“Objection.” (Over a privileged communication between spouses only).
“I
falsely testified about the day my apartment was raided and during the FBI
interview. I entered into an agreement with the District Attorney (in
January 2000). I was seeing a mental health professional at the University
of New Mexico and came forward. It’s in my medical record.”
Mrs.
Padilla said she would not be prosecuted on the perjury charge if she were
to testify. “The only way they could help me is if I had nothing to do
with the murder. At my apartment during the search warrant, I was told I
would be charged for benefiting from the illegal activities of Jeff
Padilla.”
Defense:
“As part of the cooperative agreement, what else were you required to
do?”
Mrs.
Padilla: “There was no other requirement.”
Defense:
“You were obliged…”
Mrs.
Padilla: “It was optional – I agreed to carry a recording device. I
helped (police) record four people: 1) Denise Garcia, who was in the RV
with Angela at the time of the shooting; 2) Nicole Gonzales; 3) Martin
Solis, and: 4) Julie Jaramillo, Anthony’s wife.
In
return, Mrs. Padilla said the state put her up in a motel for hers and her
children’s safety. She said she was given money for relocation and given
$2,000 monthly for about six or seven months until July 2000.
Defense:
“You would be exonerated for everything?”
Mrs.
Padilla: “I was worried about the perjury charge. I didn’t see Jeff
with a gun, I didn’t see him shoot Fernando. He never told me he shot
Fernando. He denied shooting Fernando.
Mrs.
Padilla said her husband has supported the entire family and that he never
owned a gun. “He never carried one during the marriage,” she said.
“I
knew Jacob Chavez mainly through Johnny Lee as being a body guard type
person. I saw Johnny Lee with a gun in his truck. I saw it early Sunday
afternoon at the lake. It was there in the truck on the dash. I believe it
was a 9-m.m. silver Baretta semi-automatic. I don’t recall seeing the
gun outside of the truck.”
Defense:
“Who did you think the killer was?”
Mrs.
Padilla: “Johnny Lee, not Jeff.”
Defense:
“Why did you think Jacob killed Fernando?”
Mrs.
Padilla: “I believed that since he was the body guard, it would be his
job to do it. Johnny Lee is his own pistolero and always carried a gun.
The only time my husband got into trouble was when Johnny Lee got out of
jail.”
Defense:
“When you were involved in a minor car accident, you gave someone
else’s name.”
State:
“Irrelevant.”
Mrs.
Padilla: “My apartment was raided and I as afraid that if I gave my
name. I was afraid of the whole situation.”
Defense:
“You used a pay stub of your mother-in-law to get a car loan.”
Mrs.
Padilla: “My husband smashed my face in the window. He gave me nothing
– not a penny since September 1998. I reported it to authorities. I
needed a car.”
“I
was under the impression from my attorney that I was divorced. I then got
married, but then found out my divorce wasn’t final, so I got an
annulment (on the second marriage).
FBI
special agent Al Romero testified he presented seven photo arrays to
Cordova. “He identified Jeffrey Padilla and Johnny Padilla. He selected
Jeff as the shooter. He was not 100% sure, but was confident. He asked if
they were brothers.”
Romero
said at first Cordova picked three people, but that he didn’t know who
the third person was. In the second sampling, Cordova picked the two
brothers among the 42 photos offered.
Bargas:
“He (Cordova) never said he could positively identify the shooter.
Romero:
“The second time he said he wasn’t 100% sure but that photo strongly
resembled the shooter, that he really stood out.”
In
closing arguments, Bargas said the state must establish probable cause
that there was a combination of two or more people to constitute the crime
of conspiracy and that there was an agreement to commit a crime.
“There
is no evidence of any agreement between Jeff and any other individual to
commit homicide. There must be deliberate intention for first -degree
murder. Deliberate intention is not established. The highest degree of
homicide is second degree and no more than that,” Bargas said.
“Evidence
in the case proved there was a conversation between Jeffrey and Johnny Lee
Padilla before going over to the other camp site; then they went behind a
truck and Johnny Lee handed Jeff a gun to shoot Fernando,” Stein said.
“I
agree with the state. I bind over Jeffrey Padilla on all three counts,”
Judge Pestak said.
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