No charges to be filed in carwash shooting
DA says evidence not sufficient in motorcyclist’s death after argument
The District Attorney’s Office will not file charges against the man who shot and killed a motorcyclist at a West Side carwash in late March.
In an emailed press release, District Attorney Raúl Torrez said his office reviewed the evidence provided by detectives before determining they did not have enough to charge James Morales in the shooting death of Earl “Payaso” Roybal.
“The charging standard in the Bernalillo County District Attorney’s Office is whether or not there is a reasonable likelihood of conviction at trial,” Torrez said. “Based upon the available evidence and testimony submitted by the Albuquerque Police Department, we do not believe that this case meets that standard.”
Torrez said that to convict Morales, the state would have to disprove his claim of self-defense. He said the jury would be instructed to find him not guilty if there was an appearance of immediate danger of death or harm, if Morales was in fear of immediate
death or harm, and if a reasonable person would have acted in the same way as Morales.
“The totality of the evidence presented by APD — including available video, police reports, photographs, statements from witnesses, and audio recordings from 911 calls — does not lead us to the conclusion that we can carry our burden beyond a reasonable doubt,” Torrez said.
On March 26, Roybal, 59, was washing his motorcycle with his girlfriend at the Hose It carwash on Coors near Quail NW when he and Morales, 49, got into an argument over when he would be finished. They were both armed, and Morales later told police Roybal had punched him and he was afraid he was going to be shot.
According to police reports, Morales shot Roybal three times, striking him in the chest, abdomen and forearm. He was taken to University of New Mexico Hospital, where he died.
Morales called 911 and remained on scene to be interviewed by detectives.
In the two months since Roybal’s death, his friends and relatives have pushed for answers and urged police and the District Attorney’s Office to charge Morales with murder.
Torrez said that although his office is not charging Morales, he does not condone the shooting.
“This is a tragic death that should never have happened, but the state does not have a good faith belief that it could convict Mr. Morales given the available evidence,” he said.