Press Release Administrative Office of the Courts
SANTA FE – The state Supreme Court today 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 written by Justice Michael E. Vigil, 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 of the prosecutor’s conduct during closing arguments. She contended 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. She was sentenced to life imprisonment and an additional 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, as they and four others traveled in a car near the northern New Mexico community of Peñasco. Aguilar was sitting on the victim’s lap in the front seat of the car and her mother was in the back seat.
Fresquez grabbed the knife and tried to stab the mother. The driver 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 ran into the mountains after the front door of the car was opened by one of the backseat passengers. The mother got the gun from the driver and chased Fresquez. One gunshot was heard. She returned to the car to get the knife and then went back into the mountains with the driver. The victim’s remains were 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, as required for accessory to first-degree murder, and 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 further explained: “The evidence established that Defendant and other individuals transported Victim in the car to another location, where Victim was repeatedly stabbed, and Defendant restrained Victim by sitting on his lap. The jury could reasonably rely on this evidence to conclude that each element of conspiracy, first-degree kidnapping, and aggravated battery were met to find Defendant guilty.”
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.
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To read the decision in State v. Aguilar, No. S-1-SC-40460, please visit the New Mexico Compilation Commission’s website using the following link:
https://nmonesource.com/nmos/
