Michael Astorga

In the early hours of March 22, 2006 Deputy James McGrane was murdered during a traffic stop in the East Mountain area of Bernalillo County.

The license plate number given to the dispatch operator by Deputy McGrane was registered to a Dodge truck owned by Michael Astorga.

However a witness described the truck at the scene as white, non-diesel, and battered with a lot of wear and tear, whereas the Dodge truck owned by Astorga was gold, diesel and in almost excellent condition. Moreover, although the deputy was shot 6 to 9 inches from the truck, and apparently run over, no forensic trace on Astorga’s truck ( blood, DNA ) was found.

In addition, when Astorga’s truck was discovered, the plate had been removed, and was in the driver’s cab, suggesting that an unknown criminal may have used the plate while carrying out some crime, so that if the vehicle was seen Astorga would be blamed. ( Note: in New Mexico vehicles only have a single rear plate ).

David Garcia testified that he was with Astorga the day of the shooting. He told the jury they went to Astorga’s East Mountain trailer late in the afternoon, then returned to Albuquerque before 10 p.m. that night in Astorga’s purple Jeep, and he was dropped off at his mother’s house.

Astorga was driving the purple Jeep as he made a living buying and selling vehicles from auction. Astorga was in Albuquerque all day driving around in the purple Jeep because he was going to sell it to his wife’s co-workers at the time.

Danielle Lyon said Astorga worked for her brother-in-law in the past. She told the jury that on the night McGrane was killed, she and her husband went to tattoo artist Martin Saiz’s house so her husband could get a tattoo. She told the jury that Astorga arrived about 10 p.m. with food and stayed through most of the night.

Her husband and Martin Saiz confirmed Astorga’s whereabouts at the time of the crime also.

Nevertheless, after considerable adverse pre-trial publicity ( a defense request for a change of venue was denied), Astorga was convicted and sentenced to life in prison.

There was a separate penalty-phase trial, at which the State sought the death penalty. At this trial, the jury stated that not all jurors agreed on Astorga’s guilt.

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Jonathan Silva

Jonathan Silva was convicted in November 2008 of felony murder, attempted armed robbery, tampering with evidence and contributing to the delinquency of a minor after 53-year-old Virginia Land  was shot during a robbery attempt by two teenagers in November 2011 at a store in Lovington, New Mexico. He was sentenced to life in prison plus four and a half years.

According to an appeal ruling:

Store clerk Virginia Land was shot and killed in the Allsup’s convenience store in Lovington. New Mexico. Jonathan Silva and Juan Nava picked up Joshua G.  and Israel Marquez from a residence and dropped them off near an alley, and Child and Marquez walked over to the Allsup’s. Joshua G. was armed with a knife and entered the store with Marquez, who was armed with a shotgun. Marquez demanded money from the clerk, and when she refused, he shot her.

The teenagers were convicted or plead guilty to charges. One of them testified that Silva planned the robbery and supplied the shotgun used to kill Land, however he has now stated in an affidavit that Jonathan did not supply the gun, was not the “mastermind”, was not in their gang (contrary apparently to a claim by the prosecution) , and did not force the teenagers to commit the crime.

Affidavit by Joshua G.

I, Joshua G., being first duly sworned according to the Law, present the following facts:

On Nov 6 2008, I Joshua G was called to testify on Joanathan Silva for the murder of Virginia Land. I was crossed examined by his Attorney. I was asked many questions, I was asked “If Jonathan Silva told me and Israel about the clerk or the terms “shoot the bitch” if she refused to give us the money”. Mr Silva never said this. Those statements were made by me earlier in the day. I was also asked a question about the “gun and the ammo”. The gun was given to us by 2 other guys one of which is serving time for the crime Juan Nava. Jonathan Silva never gave the gun or ammo to me or Israel.

It was also stated that Jonathan “made” us do this to establish loyalties for our gangs, or sets. Mr Silva is not from my gang, and Jonathan, did not make or force me or Israel to do anything. It was something that just happened. Mr. Silva was not the mastermind of the robbery or murder, no one was suppose to be shot or killed. Jonathan was just transportation.

I Joshua, am sorry for what has happened, and all the pain we’ve caused. Also for the loss of a innocent life that was taken. “I do this on my own free well”!

Image of affidavit

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