Jury acquits Las Cruces man of murder charge

Justin Garcia Las Cruces Bulletin

A jury in Las Cruces acquitted a man of murder charges after he shot a man outside a pharmacy in December 2023, according to police.

Xavier Noe Altamirano, 20, acted in self-defense when he shot Steven Alarcon, 23, outside Top Crop in the 2200 block of E. Lohman Avenue, according to the argument of his attorney, Jeff Lahann.

“When I saw the video, it all became clear to me,” Lahann said in an interview with the Las Cruces Bulletin.

In their criminal complaint against Altamirano, police said Altamirano and another man argued with Alarcon before a shooting occurred. Lahann said Altamirano and Alarcon had never met before the shooting and that Alarcon had acted threateningly toward Altamirano.

“He was afraid and acted in self-defense,” Lahann said.

Altamirano was arrested in this case in January, almost a month after the shooting.

A judge then ordered Altamirano to remain in prison after prosecutors argued he posed a danger to the public.

According to court records, Altamirano was allowed to leave prison in August after eight months in custody.

The trial began on August 26 and lasted three days. District Judge Richard Jacquez presided. The jury found Altamirano not guilty of first-degree murder, manslaughter and shooting at or from a motor vehicle causing death.

“I'm really proud of the jury's open-minded attitude,” Lahann said. “They're here to live out their active citizenship, which of course means that they generally support the government. So it really takes a very open-minded jury that can listen and not just take the prosecutor at face value.”