LAS CRUCES, NM – David Anthony Aguilar, 27, of Las Cruces, is headed to federal prison for more than four years following a conviction stemming from the January 2023 death of a woman at a Las Cruces apartment. Aguilar was sentenced to 53 months in prison after pleading guilty to being a felon in possession of a firearm and possession of an unregistered firearm on September 25, 2023.
The case began unfolding on January 25, 2023, when Las Cruces Police Department officers responded to a call about a gunshot victim. They found a woman dead at the scene, a single gunshot wound to the head. A 12-gauge short barrel shotgun lay next to the victim. According to court records, a neighbor reported hearing an argument followed by a gunshot, then witnessing Aguilar and another man fleeing the apartment.
Aguilar initially told police a story of a struggle over the shotgun, claiming the firearm discharged accidentally. He further stated that Margarito Serena, 30, also of Las Cruces, had brought the weapon to the apartment. Both men fled, Aguilar claimed, because they were convicted felons. Serena previously pleaded guilty to similar federal firearms charges on April 27, 2023, and received a six-and-a-half-year sentence, followed by three years of supervised release.
Investigators quickly poked holes in Aguilar’s narrative. The evidence pointed to a far more sinister scenario than an accidental discharge. While Aguilar attempted to portray the death as self-inflicted, the scene and subsequent investigation suggested otherwise. The unregistered shotgun, coupled with Aguilar’s prior felony convictions, cemented the federal charges.
U.S. Attorney Alexander M.M. Uballez and Jeffrey C. Boshek II, Special Agent in Charge of the ATF’s Dallas Field Division, announced the sentencing. Assistant U.S. Attorneys Maria Y. Armijo and Ry Ellison prosecuted the case, piecing together the evidence that led to Aguilar’s conviction. Aguilar will be subject to three years of supervised release upon his release from prison.
This case highlights the dangers of illegal firearms and the devastating consequences of domestic disputes. Authorities urge anyone experiencing domestic violence, or knowing someone who is, to reach out for help. The National Domestic Violence Hotline is available at 1-800-799-SAFE (7233) or 1-800-787-3224 (TTY). In New Mexico, the Domestic Violence Resource Center can be reached at (505) 843-9123 or online at https://dvrcnm.org/.
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