SANTA FE, N.M. (KRQE) – New Mexico’s attorney general is asking the Supreme Court to weigh in on a decision to reverse the conviction of a man accused of killing an Army veteran during a robbery at an Albuquerque ATM.
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Tyler Lackey, 24, was shot and killed in 2016 while withdrawing money from an ATM near Gibson and Yale. Matthew Chavez was convicted of second-degree murder but his attorneys appealed. They claimed the jury wasn’t properly instructed on the option of voluntary manslaughter, which they say would’ve made a self-defense argument possible.
The appeals court overturned the conviction and ordered a new trial.
Now, Attorney General Hector Balderas is asking the state Supreme Court to review the appeals court’s decision. They’re also asking the court to weigh in on whether an argument of self-defense can be allowed at all for someone who is an initial aggressor.