Bureau of Alcohol, Tobacco, Firearms and Explosives

ALBUQUERQUE, N.M. — Alexander M.M. Uballez, U.S. Attorney for the District of New Mexico, and Jeffrey C. Boshek II, Special Agent in Charge of the Dallas Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives, announced that David Anthony Aguilar was sentenced to 53 months in prison. Aguilar, 27, of Las Cruces, pleaded guilty in federal court to being a felon in possession of a firearm and possession of an unregistered firearm on Sept. 25, 2023.

According to publicly available court records, on Jan. 25, 2023, officers from the Las Cruces Police Department responded to a report of a gunshot victim at an apartment in Las Cruces. Upon arrival, officers located a deceased victim with a single gunshot to the head. A 12-gauge short barrel shotgun was located on the floor next to the victim. The victim’s neighbor reported to officers that they went to the victim’s apartment after hearing an argument followed by a loud bang. When the neighbor knocked on the front door, Aguilar answered holding the short barrel shotgun and told the neighbor to call 911 because the victim had shot herself. When the neighbor returned to their apartment, they witnessed Aguilar and another man identified as Margarito Serena fleeing the scene.

Aguilar and Serena were apprehended by officers that same day. During an interview, Aguilar claimed that he and the victim had physically fought over the shotgun and that he had accidentally discharged the firearm. Aguilar claimed that Serena had brought the shotgun to the apartment earlier that day and they had fled the scene because they were both convicted felons.

Serena, 30, of Las Cruces, pleaded guilty in federal court to being a felon in possession of a firearm and possession of an unregistered firearm on April 27, 2023. Serena was sentenced to six and a half years in prison, followed by three years of supervised release.

Upon his release from prison, Aguilar will be subject to three years of supervised release.

The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated this case with assistance from the Las Cruces Police Department. Assistant U.S. Attorneys Maria Y. Armijo and Ry Ellison are prosecuting the case.

Anyone experiencing domestic violence or who knows someone experiencing domestic violence can reach an advocate at the National Domestic Violence Hotline 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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