The boy remains uncharged as New Mexico authorities continue their investigation
Authorities in New Mexico have filed murder and other charges against Elaina Gomez-Villeda, 40, after her 10-year-old son fatally shot a teenage neighbor in a dispute over loud music. The complaint alleges that Gomez-Villeda told the boy to retrieve her handgun and that he returned and fired once, killing the teen. The boy has not been charged, and authorities said the investigation is ongoing.
Gomez-Villeda was scheduled to make her first court appearance Monday afternoon on an open count of murder. The filing also charges her with child abuse and contributing to the delinquency of a minor. Prosecutors are seeking to keep her in custody pending trial, officials said.
A motion seeking custody said Gomez-Villeda does not have a substantial criminal record but that her behavior showed “an extreme disregard for the lives and safety of others.”
According to the criminal complaint, Gomez-Villeda knocked on her neighbors’ door Saturday and asked them to turn down their music. A woman told Gomez-Villeda the music was not loud, and Gomez-Villeda walked back to her apartment.
A few minutes later, Gomez-Villeda and her teenage daughter exited the apartment to install a security camera above the front door, as they had recently moved into the home. The complaint said Gomez-Villeda later told police through an interpreter that she began another argument over the music. A physical fight followed, and her daughter intervened.
Gomez-Villeda allegedly told her son to go inside and get her handgun, the complaint stated. The boy returned with the gun and fired one time, killing the teenager.
Police said Gomez-Villeda took her son inside their apartment and closed the door. After calling her husband, the complaint said, Gomez-Villeda called 911 to report the incident. She later told detectives that her neighbors had attacked her after she complained about the loud music.
Authorities said a search of Gomez-Villeda’s apartment turned up other firearms that were not secured. They also said a revolver found outside her apartment was listed in a national database as having been stolen.
Police are working with the district attorney’s office and state officials because of the boy’s age. He had not been charged when the investigation remained underway, authorities said.
The charges were filed Sunday, a day after the shooting. Court records did not immediately list an attorney for Gomez-Villeda, who was scheduled to appear Monday afternoon.