Defense files second motion to dismiss case against teen accused of killing friend in Questa

QUESTA, N.M. (KRQE) – The teen accused of shooting and killing his friend at his Questa home wants his case dismissed after his first trial ended in a hung jury earlier this year.

It was July 2023, when 13-year-old Amber Archuleta was hanging out with her brother and two friends when she was shot and killed. Police arrested one of the friends, 14-year-old Porfirio Brown, for the killing. His trial for second-degree murder ended in a hung jury in March. The state is retrying the case.

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Brown’s attorney, Lizzy Bunker, said the jury told her and the prosecution that they couldn’t decide who the shooter was but all agreed it was an accident. Bunker argues it’s not fair to retry her client for second-degree murder so she filed a motion to dismiss.

“We had filed a motion to dismiss right after that based on the fact that if you follow the law it really should’ve been an acquittal because intent is required for the way the DA is charging my kid with second-degree murder,” said Bunker.

Now, after Brown’s father was acquitted on a charge of negligently making the gun accessible, Bunker believes there is an even stronger case to throw out the charge against Porfirio.

“There’s a case in New Mexico that says when you’re going to retry it, you need to as a prosecutor, have a good faith and honest belief in the guilt of the accused,” said Bunker.

Bunker also points to moments in the trial of Brown’s father that she said raised doubts about who fired the fatal shot. “That’s been our defense this whole time that brother was the shooter,” she said.

Porfirio Brown’s new trial date is scheduled for next month but Bunker said it will likely get pushed back. KRQE News 13 reached out to the District Attorney for a response on this motion and is expecting to hear back on Tuesday.

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