DEMING – The New Mexico Supreme Court has upheld the conviction of Ezequiel Ricoy, the Deming man found guilty of murdering his stepson, Brendan Kern, in July 2022.
According to a report by KVIA-TV, the incident began when Kern went to Ricoy’s home to retrieve an ice chest he had left there after being dismissed from a renovation job the two had worked on together. When Kern and his fiancée arrived to pick up the cooler, an argument escalated, and Ricoy retrieved an AR-15 rifle and opened fire. Kern was struck twice, in the chest and neck, and later died.
A Luna County jury convicted Ricoy in 2024. On May 3, 2024, he was sentenced to life in prison plus nine years.
In his appeal, Ricoy argued that the evidence did not establish deliberate intent and claimed the district court should have instructed the jury on self-defense, voluntary manslaughter, and defense of habitation. He also argued that he received ineffective assistance of counsel.
The state Supreme Court rejected each of those claims. The court noted that Ricoy had expressed hostility toward Kern prior to the shooting and continued firing even after Kern raised his hands and told him, “We’re leaving.” Investigators later determined Kern had been holding a cellphone and an energy drink at the time of the shooting.
Ricoy will continue to serve his sentence in state custody.