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Suspect in fatal shooting held without bond

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The suspect in a double shooting in Roswell that left one man dead and another wounded will remain held without bond pending trial or a further order of the court.

Judge James Hudson of New Mexico’s 5th Judicial District granted a motion by the District Attorney’s Office for the pretrial preventive detention of Tyler Aaron Kelley, 22, of Artesia, during a hearing Thursday at the Chaves County Courthouse, according to documents filed in district court.

In its decision to grant the motion, the court determined Kelley presents a threat to the community and no conditions of release would reasonably ensure the safety of the community.

Marie Le Grande Miller, who was listed in electronic court records as Kelley’s attorney, did not return calls for comment by press time Monday.

Kelley is charged with one count each of first-degree murder, willful and deliberate; aggravated battery with a deadly weapon; and tampering with evidence in connection with a May 22 shooting that left Marcelleno Briseno, 19, dead from two gunshot wounds and another man shot once in the left arm.

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In their motion, the Chaves County District Attorney’s Office cited the weight of evidence against Kelley, including two witnesses, Kelley’s criminal record, his failure to appear for a court date in Eddy County on a past charge and what they described as “his unpredictable and violent behavior, including that he is admittedly a meth user.”

The motion also stated Kelley has been the subject of traffic and criminal cases in Artesia, Las Cruces, Truth or Consequences and Carlsbad, demonstrating he has means to travel and does so frequently.

Kelley allegedly handed the gun to an individual after the shooting, whose name Kelley later refused to disclose to police, documents state. He insists he does not know what happened to the gun after that.

According to court documents, Kelley, Briseno and the man who was wounded had a longstanding conflict regarding Kelley dating the ex-girlfriend of the man who was shot in the arm.

The men met the night of the shooting with the intention of fighting, but when Briseno and the other man arrived, court documents state Kelley pulled a gun from the waistband of his pants and allegedly opened fire on the two men.

At least one witness said the other men were not armed at the time, according to court documents.

Briseno and the other victim were then transported by a person that arrived at the house to a local hospital. Briseno was later pronounced dead and Kelley was formally arrested May 23.

Breaking news reporter Alex Ross can be reached at 575-622-7710, ext, 301, or breakingnews@rdrnews.com.

 

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