Albuquerque man sentenced to 8 years in prison for fatal shooting during drug deal
Nov 21, 2024
ALBUQUERQUE, N.M. (KRQE) – A man learns his fate after admitting to a fatal shooting at an Albuquerque motel. It was a case of a drug deal gone wrong that happened in April of last year. "The plea has a maximum of 8 years and I'm gonna give you the maximum of 8 years," said Judge Stanley Whitaker to Jose Fitzpatrick.
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Back in April 2023, Fitzpatrick fatally shot Damon Howard after a drug deal dispute at a Motel Six near Coors and I-40. Fitzpatrick and his attorney said he was acting in self-defense. "The day of the accident was a horrible experience for that I wish never happened. I was looking at a situation of life or death," said Jose Fitzpatrick.
The defense said the killing could have been avoided if Howard didn't threaten Fitzpatrick. "He told my client that he was leaving and when he comes back there's gonna be bodies left," said Keren Fenderson, defense attorney.
The Bernalillo County District Attorney's Office agreed to give Fitzpatrick a plea deal charging him with voluntary manslaughter instead of first-degree murder. The state said both parties were bad actors but Fitzpatrick still took a life.
"He does have a valid self-defense claim the fact remains is that when you're engaged in illegal violent activity this is what happens Mr. Howard was violently killed," said Jolanna Macias, district attorney.
The state pushed for the maximum penalty citing Fitzpatrick having a SWAT standoff when authorities were trying to arrest him a month after the killing. After hearing testimonies from both parties, Judge Whitaker decided to not provide any leniency. "Whenever we have situations where got illicit illegal drugs traded back and forth for money, there's no accident that tragedy seems to occur. This is no accident," said Judge Whitaker.
After serving eight years, Fitzpatrick will be on parole for two years.