AG Balderas Announces First-Degree Depraved Mind Murder Conviction Upheld by NM Supreme Court for Drive-By Shooting of Young Victim

FOR IMMEDIATE RELEASE: December 13, 2021
Contact: Jerri Mares  (505) 321-4372

ALBUQUERQUE, NM— Today, Attorney General Hector Balderas announced that the
New Mexico Supreme Court affirmed the first-degree depraved mind murder conviction
of Esias Frank Madrid.
On June 26, 2015, Madrid and several others drove to a house party in Albuquerque
with firearms to exact revenge on a person who had beaten up a friend of Madrid’s two
weeks prior. Nick Gonzales, who testified for the State, fired two shots into the house
and Madrid fired at least four shots, one of which killed the 17-year-old victim Jaydon
“Jaydon Chavez-Silver was an innocent victim whose young and promising life was cut
short by Madrid’s complete disregard for human life,” said Attorney General Balderas.
“We are pleased the Supreme Court got it right.”
The Supreme Court held that Madrid’s trial attorney provided competent representation
at both trial and sentencing and rejected Madrid’s appellate argument that the attorney
was constitutionally ineffective; that the jury was appropriately instructed on the
lesser-included offense of second-degree murder and all the elements of depraved
mind murder; and that the State presented sufficient evidence of Madrid’s subjective
knowledge that his acts were greatly dangerous to the lives of others.
This case was prosecuted by the Second Judicial District Attorney’s Office. John Kloss
of the Criminal Appeals Division of the New Mexico Office of the Attorney General
represented the State on appeal.