Defendants in Lucero Ave. shooting allowed to leave jail ahead of trial

Note: This story contains descriptions of domestic violence. La Casa offers emergency shelter via walk-in between 8:30 a.m. and 5:30 p.m. or by calling 575-526-9513.

LAS CRUCES – Two men police said were involved in killing a 42-year-old woman were allowed to leave jail although prosecutors argued they should be held indefinitely.

Despite the ruling, both men remain jailed for their involvement in unrelated cases. 

Police believe David "Lucky" Aguilar shot and killed 42-year-old Rachel Miranda on Jan. 25 during an altercation on the 400 block of East Lucero Avenue. Aguilar, 26, told police that he and Miranda had been involved in a relationship for seven years before the shooting.

According to court records, police believe that Aguilar's friend, 29-year-old Margarito Serena, brought a shotgun to Aguilar's house on the day of the shooting. When Miranda discovered the gun, she and Aguilar began arguing.

According to a statement Aguilar gave to police, Aguilar tried to take the gun from Miranda. In the struggle, the gun fired a single round and killed Miranda. Aguilar and Serena then left the area but were arrested shortly after.

Aguilar was charged with voluntary manslaughter and possession of a firearm as a felon. According to the New Mexico statute, he could face 10 years in prison if convicted. 

Serena is charged with one count of possessing a firearm as a felon and could face up to three years in prison.

After their arrests, prosecutors filed two motions asking a judge to hold both men in jail.

To do this, prosecutors must prove that the men were dangerous and that no bond could be fashioned to protect the public. However, 3rd Judicial District Judge Douglas Driggers ordered those prosecutors failed to meet this standard and said both men could be released.

However, jail records show that both men remain jailed as of the publication of this article. In addition, court records show that both men were ordered not to pick up additional charges since they're defendants in unrelated cases. That triggered a review by the Doña Ana County Magistrate Court to asses whether either man violated that condition of release. 

Justin Garcia covers crime, courts and public safety. He can be reached via email at JEGarcia@lcsun-news.com.