Man waives hearing in Brookside Park shooting

Alleged victim in shooting denies returning fire at Brookside Park

Steve Garrison
Marqus Garcia

FARMINGTON – Marqus Garcia waived his right Wednesday to a preliminary examination hearing on charges related to a drive-by shooting last week.

Garcia, 21, of Farmington, is charged with shooting from a motor vehicle, aggravated assault, tampering with evidence and possession of a firearm by a felon.

He is accused of shooting a semiautomatic rifle at Isaiah Trujillo on April 4 at Brookside Park,1915 N. Dustin Ave., according to an arrest warrant affidavit. No one was injured in the shooting.

Brittany Dehart, 18, said last week she was at the park at the time of the shooting and alleged Trujillo returned fire with a shotgun.

Trujillo, 20, acknowledged that he discharged his shotgun in an interview on Friday, but he denied that he fired at Garcia.

Trujillo said he drove his 16-year-old girlfriend and his 1-year-old child to the park because a friend of Dehart had challenged his girlfriend to a fistfight.

Dehart confirmed in an interview she brought several friends, including Garcia, to the park for a fight with Trujillo's girlfriend.

"As soon as I got there, I told them they needed to grow up," Trujillo said. "They needed to be adults."

Witnesses told police Trujillo was then punched in the face while he sat in the driver's seat of his vehicle, according to an arrest warrant affidavit.

Trujillo said two vehicles then pulled up behind him and attempted to box his vehicle in at the parking lot.

"That is when I got my shotgun," Trujillo said, adding later, "I wanted to protect my old lady and my baby."

Trujillo said the crowd dispersed when he pulled out the 12-gauge shotgun, but then two shots were fired from a black Escalade Cadillac.

"As soon as I heard shots coming from that car — I didn't know if they were shooting at me — I put two slugs in the air," Trujillo said.

Fearing he would be in trouble for using the shotgun, Trujillo said he then fled the scene.

"I didn't know if I was in the wrong," he said.

The Escalade Cadillac was found parked at a residence on West 27th Street, according the affidavit. Garcia was located by police inside the residence and placed under arrest, the affidavit states.

Trujillo said he later spoke with detectives and provided them with the shotgun shell casings.

Farmington police spokeswoman Georgette Allen confirmed detectives recovered two shotgun shells from Trujillo's vehicle. She said witnesses are still being investigated in the shooting, and more charges are pending.

An arraignment hearing in district court for Garcia has not been scheduled, according to court records.

Steve Garrison covers crime and courts for The Daily Times. He can be reached at 505-564-4644.