Margarito Serena, David Aguilar, Felon in Possession of a Firearm, New Mexico 2023

LAS CRUCES, NM – A late-night argument turned fatal in a Las Cruces apartment on January 30th, and now two men are facing federal firearms charges in connection with the woman’s death. Margarito Serena, 29, and David Aguilar, 26, both of Las Cruces, appeared in court this week and are currently being held pending further hearings.

Las Cruces Police Department officers responded to a 911 call reporting a gunshot victim. They found a woman deceased inside her apartment. A neighbor quickly became a key witness, telling investigators they’d heard a heated argument followed by a single gunshot. The neighbor stated they went to check on the victim, knowing she’d had prior disputes with David Aguilar.

According to court complaints, Aguilar answered the door wielding a black 12-gauge shotgun, allegedly claiming the victim had shot herself. Serena was reportedly observed sitting on a couch inside the apartment. The neighbor, skeptical of Aguilar’s story, retreated to their own residence to call 911 and then witnessed both men fleeing the scene. Officers quickly apprehended Aguilar and Serena, and both admitted to handling the shotgun.

The investigation revealed a disturbing pattern. David Aguilar has a prior conviction for Armed Robbery and Attempted Armed Robbery dating back to 2016. Margarito Serena was convicted of Possession of an Unregistered Firearm in 2013. As convicted felons, both men are legally prohibited from possessing firearms or ammunition. The ATF took the lead on the investigation, with assistance from the Las Cruces Police Department.

Federal prosecutors, led by Assistant United States Attorney Maria Y. Armijo, are charging both Aguilar and Serena with being a felon in possession of a firearm and ammunition. If convicted, each man faces a potential sentence of up to 15 years in federal prison. While the charges currently focus on the illegal possession of the weapon, the investigation remains ongoing, and additional charges related to the woman’s death are possible.

This case highlights the deadly intersection of domestic disputes and illegal firearms. Resources are available for those experiencing domestic violence. The National Domestic Violence Hotline can be reached at 1-800-799-SAFE (7233) or 1-800-787-3224 (TTY). In New Mexico, the Domestic Violence Resource Center is available by telephone at (505) 843-9123 or online at https://dvrcnm.org/.

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