Las Cruces man found guilty of murdering neighbor in 2022

A Las Cruces man was found guilty of murdering his neighbor last year.

James Theriault was found guilty on November 16 of second-degree murder, attempted to commit a felony, and conspiracy to commit tampering with evidence.

A sentencing hearing has not been scheduled.

Theriault and his son were arrested in connection to a deadly shooting in Las Cruces on July 9, 2022.

According to a criminal complaint filed in Dona Ana County Court, Carlos Pichardo died at Mountain View Hospital after he was shot in the abdomen outside of his home on the 900 block of South San Pedro Street.

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Picharo and his wife, Fatima Ortiz, were reportedly shot by their neighbor, 80-year-old James Theriault, the criminal complaint stated.

Ortiz was also taken to the hospital to be treated after being shot six times, according to the court document.

Theriault was reportedly heard by officers at the scene saying "I did what I had to do," according to the criminal complaint.

Theriault's son, 35-year-old Cody Theriault, is accused of helping his father get rid of the gun that was used in the shooting, a separate criminal complaint stated.

Las Cruces Police Department officers who responded to the shooting scene learned that officers were previously dispatched to the residence for a verbal altercation between Pichardo, Ortiz, Theriault, his son and son's girlfriend Erica Pena, the criminal complaint stated.

Ortiz told a detective that she had previous problems with Theriault which included the verbal altercation.

She said that she and Pichardo left their home on South San Pedro Street on Saturday and when they came back, they walked by Theriault who was on his back porch.

Ortiz told the detective that she began recording Theriault because of the previous issues they had had with him.

She said that Theriault said "record me baby," and then pulled out a gun and began firing, the criminal complaint stated.

Ortiz said she was shot twice and that her husband attempted to get the gun away from Theriault and was shot.

Theriault reportedly shot Ortiz four more times while she was trying to get inside her house.

Ortiz said Theriault's son told his dad to stop and they went back into his apartment.

James Theriault told a detective that he has had issues with Ortiz and Pichardo for about a year-and-a-half and that they have called the cops on him multiple times.

Theriault told the detective that he went to sit at a picnic table and drink beers on his back porch.

He said he brought his 9mm handgun out with him for his protection and because it is his right, the criminal complaint stated.

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According to the court document, Theriault said his two neighbors walked by him behind his apartment and started yelling at him again.

Theriault said that he told them to shut up and go home, the document stated.

Theriault told the detective that Pichardo turned towards him and "was looking like he was going to close distance and that he pulled out his gun and began firing," the criminal complaint stated.

He admitted that he shot at Pichardo twice and told the detective he thought he shot Ortiz.

Theriault also told the detective that "it all happened so fast that he wasn't sure how many times he fired." He also stated he may have stood up and kept shooting at Ortiz, the criminal complaint stated.

After the shots were fired, Theriault said he went back into his home and gave the gun to his son and told him to put it somewhere, according to the court document.

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