Man found guilty of killing NMSU student sentenced to prison

Four months after he was found guilty of second-degree murder, Daniel Aguilera was sentenced to 20 years in prison for the shooting death of New Mexico State University student Andres Rojo.

Aguilera, 23, of Artesia, appeared for a sentencing hearing Wednesday in 5th Judicial District Court in Carlsbad before Judge Lisa Riley.

Aguilera will serve 15 years plus a one-year firearm enhancement for the murder charge, as well as a maximum of three years with a one-year enhance for aggravated battery with a deadly weapon.

Rojo, who was 27 years old at the time of his death, was shot during Fourth of July weekend in 2015 in Artesia.

Rojo’s brother, Luis Rojo, was also shot and survived the shooting. He testified during the jury trial in January.

Prosecutor Ariane Navarrette said the incident was “senseless” and “violent.”

Andres Rojo, Navarrette said, was attending NMSU in Las Cruces to become a teacher and was visiting his hometown of Artesia for the summer at the time of the shooting.

“Andy was 27 years old. That’s barely time to get your life started,” she said.

Defense attorney Craig Acorn criticized the prosecution’s choice to highlight Aguilera’s criminal background — a pending case involving another death and an incident while incarcerated — during the sentencing hearing.

“Saying something doesn’t get justice for Andy and Luis. It doesn’t get justice for Daniel,” he said.

Although he did not dispute the incident as a “tragedy,” Acorn said Andres Rojo “was looking for a fight” the night he died.

Acorn argued “imperfect self defense” and asked the court to consider a sentence of six years for second-degree murder and three years for aggravated battery.

Witnesses testified in January that Aguilera shot Andres Rojo in the chest before he shot Luis Rojo.

Luis Rojo told jurors that he ran toward Aguilera after he witnessed his brother being shot.