More charges filed against murder suspect

The suspect in a fatal shooting following a spat at a Tucumcari graduation party faced additional charges, including another felony, as he made his first courtroom appearances last week.

Meanwhile, relatives of the victim struggled to understand why the argument turned so deadly so quickly, especially after both men greeted each other genially the day before at a graduation ceremony.

The district attorney's office on Thursday filed additional charges against Tyje Garrett, 42, of Tucumcari of tampering with evidence and illegal receipt, transportation or possession of a firearm by a person convicted of battery against a household member. The tampering charge, which is a felony, states Garrett hid or destroyed a firearm used in the crime. The other new charge is a misdemeanor.

Garrett stands accused of shooting Michael Arellano, 46, of Tucumcari, with a rifle on Quay Road 63 on Tucumcari's west side the night of May 28. Arellano died that evening at Trigg Memorial Hospital in Tucumcari.

Garrett, who left the scene, was apprehended by Logan police about an hour later without incident and booked into the Quay County Detention Center on a complaint of first-degree murder.

During a videoconference hearing Friday afternoon, District Judge Albert Mitchell Jr. granted deputy district attorney Heidi Adams' motion to hold Garrett without bond. Adams cited Garrett's extensive criminal history that dated to 1997, mostly in Texas, for her reasoning to keep him in jail.

Garrett's lawyer, public defender Anna Aragon, entered a plea of "not guilty" on his behalf - a routine move during the early stages of a court case. She waived a preliminary hearing.

Garrett, attending via video feed from the jail, spoke little.

According to court documents, prosecutors requested an arraignment hearing for Garrett on or before June 20.

During Garrett's first court appearance Tuesday morning, Magistrate Judge Noreen Hendrickson advised Garrett he was charged with a capital felony and was facing a possible sentence of life in prison.

Garrett spoke little except to say he wished to change attorneys, saying Aragon was "not willing to argue for me properly" in another criminal case. Aragon, however, continued to represent him during the hearing Friday.

The scene

The investigation of the homicide was turned over to New Mexico State Police shortly after local officers arrived at the scene, which is routine in such matters. Details in an affidavit with the charging documents were written by state police agent Kenneth Villareal.

The shooting occurred about 9:45 p.m. May 28 on Quay Road 63, near Tucumcari Memorial Park cemetery on the city's west side.

State police found 12 empty shell casings at the scene. Two state police officers also stated they later found nine gunshot wounds in Arellano's body.

Andrew Angel, Arellano's former father-in-law, was attending a party at a residence near the cemetery for Arellano's son, Arcelino, who had graduated from Tucumcari High School the day before. Garrett, Arcelino's stepfather, already was at the party, cooking food on a grill.

Angel and two other witnesses said Arellano arrived at the party intoxicated with alcohol, and Angel said Garrett had been drinking, as well.

Several witnesses said Garrett and Arellano began arguing, though over what remained unclear. Angel said he separated the two several times when they threatened to fight. Arcelino's mother asked that Garrett and Arellano leave the party.

Arcelino, who told police he became upset by the men's arguing, left the party and walked to the cemetery to be alone for a short period.

Arellano left the party and began walking down the road. Angel said he saw Garrett get into his pickup and drive toward Arellano. Angel said he saw Garrett drive his truck past Arellano, turn around and park it in front of him and exit the vehicle. Angel said they heard the men argue but didn't see any fighting.

Angel and other witnesses, including Arcelino in the cemetery, said they heard several gunshots and saw Arellano fall to the ground.

Another witness, Debra Roybal, said she heard two to three gunshots, turned to see Garrett holding a rifle in his hands and fire more shots at Arellano where he stood. She said she saw Arellano fall to the ground and Garrett fire more gunshots at him.

Garrett walked back to his truck and drove away. Angel and Roybal said they tried to give aid to the mortally wounded Arellano.

After Garrett was apprehended, state police tried to interview him. Garrett requested an attorney instead.

Relatives mystified

A few days after the killing, a small memorial of flowers, candles, beer bottles, a football and a picture of Arellano were set up at one of the gates of the cemetery, near the spot where he'd been gunned down.

Maria Barrios of California, who'd known Arellano since childhood and married his brother Jose Barrios, set up a GoFundMe.com account to aid the family.

Maria said money collected in the account, at gofund.me/16ee84a8, would go to Arellano's four children, his mother and to help pay for funeral expenses. As of Saturday, more than $6,800 had been donated, with a goal of $10,000.

She said Dunn Funeral Home in Tucumcari would handle arrangements after the Office of Medical Examiner in Albuquerque conducted an autopsy and released the body.

Maria said Arellano graduated from high school in California and soon moved to Tucumcari "because he had a lot of family there" and in Albuquerque.

She said the shooting has been difficult on Arellano's family.

"They're heartbroken, devastated. They're in disbelief - especially the children that witnessed it who were there," she said in a phone interview. "Any loss is hard, but this one is different."

Barrios said her brother-in-law was "a happy person."

"He was a very family-oriented person. He attended everybody's life events, even though we're out in California," she said. "He had had a heart of gold; he had an impact on everybody he met. He was one who would be the first on the dance floor and the last one on the dance floor, trying to bring everybody's spirits up. He would always say, 'Everybody deserves to be loved.'"

His brother Jose said: "He was just a happy guy, man. He would do anything for you. He always thought of everybody else. He'd always call my mom, he'd always call me, he'd call friends that still live out here, just to check up on them and see how they're doing."

Jose and Maria said they and Arellano's other brothers were unaware of him having any previous hard feelings with Garrett.

"On the day of the graduation at the school, he shook my brother's hand," Jose said of Garrett. "We're in shock; we're trying to figure out what happened. There seemed to be no bad feelings going around."

He added: "I think if there were any problem before, I don't think he would've went (to the party)."

Maria said what made the killing more tragic was the argument the sparked it occurred during what should have been a celebratory moment.

"It's just unfortunate that he was there to celebrate his son's graduation - he was so proud of his children - that it had to happen that way," she said.

"... He had left and walked away to defuse the situation, and he practically was hunted down."