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2nd MurderA charge of murder w a s liicd in District Court today - against David Tapia, 2fi, of '514 Coal SW.Tapia was ordered held /or trial on a charge of second degree murder by Justice or Ihe Peace Fiavio Romero aft-|er a preliminary hearing |\which ended yesterday afler-jnoon,•j Although Judge Romero h bound Tapia into District --Court on a second degree'jcharge, the information filed ■iby the district attorney’s ofjfice today charged open”]'^murder and presumably in-•jdudes first degree.!i Tapia is accused of shooting ? j to death Tony Chapa, 24, of [3516 Carnino Alameda SW, at • jibe Elbow Room Bar, 210 Sec-; iond St. SW, where Chapa was ■(bartender, on Oct. 7.Argue Over Degree •’ Asst. Dish Alsy. Jack Love *land defense atomey Charles ^ Driscoll argued at length before JP Komero over whether Tapia shotitd he held for trial on first or second degree mur-der.The argument cenlered!-fjaround whether e vide n c el. ijshowed there was probahlel, cause to believe ihe alleged crime involved deltbera-i.ion(,‘ an element necessary to prove first degree murder ?\1r. Love argued Lhe question was one for a jury to decide but Driscoll contended Romero could bind a defendant over on a second degree charge if he found there was 5not probable cause to believe ^deliberation was involved.Judge Romero said he did ’]nol find probable cause for !deliberation, which is legally defined, in part, as the intent to kill executed in a cool state of blood.At lhe hearing Mr. Love ! threatened to file a first degree charge anyway and that is apparently what lie did a!-j though he said today he is: not making an issue of Ihof matter,■ Witnesses Heard JI Several persons who vrcuej] at the bar when the shooting! ilook place testified at the! £j hearing including Michael:!.Dawson. 21, who said he was!a: standing next to Tapia. Daw-j 0|on said he .saw Tapia pull; o;out a gun. level, cock and fire; Piit at Chapa who was turned j awav talking to liquor deliv-j n cry man. [t.! The shooting occur-red afierj Chapa hod refused to shakei j hands with T.ipia and had [called lhe defendant a cab jron wiro, 1 according to tcstf-\ mony.| Romero sax a £10,600 bond on the second degree charge ion which he bound Tapia i over.
Newspaper Details
Albuquerque Tribune
Albuquerque, New Mexico, US
Tue, Nov 16, 1965
Page 2
Full Page
Clipped by
Greg P.
AU 21 Jun 2023
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