Serving the High Plains
Serving the High Plains
A man once considered to be a kidnapping victim after an apartment shooting in September in Tucumcari now is wanted on a felony charge of harboring a felon and other counts.
Tucumcari Magistrate Judge Noreen Hendrickson issued an arrest warrant on Jan. 7 for Nathaniel Marcus Estergo, 22, of Tucumcari on charges of harboring a felon, tampering with evidence and making a false report.
The harboring and tampering charges each are fourth-degree felonies that can lead up to 18 months in prison and up to a $5,000 fine.
Estergo was not in custody as of Monday morning.
According to an affidavit filed with the warrant request by New Mexico State Police officer Kenneth Villarreal, the charges involve a shooting in the 600 block of West High Street in Tucumcari on Sept. 21.
Alex Joe Patrick Gutierrez, 24, of Albuquerque is accused of shooting Joseph Portillo in the abdomen during an argument over a backpack in an apartment.
Gutierrez was charged with first-degree kidnapping, attempted first-degree murder and three counts of aggravated assault with a deadly weapon.
Gutierrez had been at large since until his apprehension in Albuquerque around the New Year’s holiday. He was taken to the Quay County Detention Center and remains there in custody.
After the shooting, Gutierrez had been accused of carjacking a pickup driven by Estergo. According to initial court records, Gutierrez was accused of holding a gun to Estergo’s head and ordering him to drive around Tucumcari until Gutierrez and another suspect were dropped off in the Oak Avenue area.
A search warrant signed by District Judge Timothy Rose was used to extract data from Estergo’s cellphone.
GPS data on the phone indicated Estergo was at the victim’s residence during the shooting and was in front of the home of a Gutierrez acquaintance in Tucumcari afterward. The device showed Estergo never was at Oak Avenue.
An anonymous caller also told dispatchers she saw Estergo with Gutierrez at the acquaintance’s home.
“It appears Mr. Estergo knew his ‘alleged kidnappers’ and provided Alex Gutierrez assistance to help Alex Gutierrez escape once he shot Mr. Portillo,” Villarreal wrote.
Gutierrez made his first appearance in magistrate court on Jan. 6 after his detainment.
Deputy District Attorney Ozy Adams filed a motion for pretrial detention, which was scheduled to be heard in district court on Jan. 14 during a preliminary hearing.
Adams cited Gutierrez’s criminal history, his being a danger to the community and his being a flight risk as reasons for denying bail.
Public defender Brett Phelps is representing Gutierrez in the case.