The New Mexico Supreme Court has vacated the first-degree felony murder conviction of Las Cruces man Mawu Ekon Revels for a shooting death at a 2021 house party. Revels was convicted of killing Nicodemus Gonzales during a fight, but the Court ruled that aggravated assault cannot serve as the underlying felony for a charge of felony murder. As a result, Revels could potentially face another trial. The Court also vacated one conspiracy conviction and determined that Revels improperly received a four-year sentence enhancement for using a firearm. The case has been sent back to the district court in Doña Ana County for resentencing and further proceedings. The Court explained that double jeopardy protections do not prevent a retrial for Revels because the reversal of his felony murder conviction was due to a trial error, not an acquittal. The Court also provided guidance on the “direct-remand rule” and explained that it does not apply in Revels’ case. The decision could lead to Revels being retried on a lesser included offense like second-degree murder.
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