‘This was a tragedy, not a crime’

LOVINGTON – Eunice resident Ismael Silva was found not guilty of first-degree murder late Thursday after four days of witness and forensic expert testimony, attorney arguments and evidence exhibits at the Lea County Courthouse.

Silva, 54, was on trial for murder and tampering with evidence in the April 15, 2016 death of Ramon Serna, 57, of Eunice. Police officers and EMS personnel responded that day to the area of 1400 block of Avenue A to a man who was hit in the head and unresponsive. Serna was found lying on the ground and was later pronounced dead at the scene. It came out during trial testimony that Serna died from blunt head injuries and Silva had struck him with a metal pipe during an altercation.

While Silva was in a holding cell, Eunice police Det. Casey Arcidez and former officer Jessica Lopez testified they saw Silva “flooding” his cell and soaking his blood-soiled clothes. This led to a felony tampering with evidence charge.

The trial took place in District Judge Mark Sanchez’s courtroom, where Albuquerque public defenders Craig Acorn and Julpa Davé, asserted Silva acted in self-defense after Serna struck Silva on the head with a pipe. The prosecution, Fifth Judicial District Attorney Dianna Luce and Assistant DA Brianni Frazier, argued Silva had to “win the fight,” took the pipe from Serna, knocked him to the ground and beat with him it.

“This was a difficult case. It’s based on views of what is legal self-defense and, for the family of Ramon Serna, this was a very disappointing resolution,” Luce said Friday. “But the jury believed that his actions — that he was trying to get rid of evidence of a possible crime. They believed that he acted in that manner, so we appreciate their service. And we appreciate all the work of the Eunice Police Department and the New Mexico State Police.”

Two witnesses took the stand Thursday, including Silva, who was as the sole defense witness. Jury deliberation began around 6 p.m. The verdict came before 10 p.m.

Silva faces an 18-month sentence on the tampering with evidence conviction since the charge is reduced to a fourth-degree felony due to the acquittal. Acorn noted Silva has already served approximately 13 months and the defense asked for the remaining sentence be suspended.

“It seems just not to incarcerate him any further because the jury found that he had acted in self-defense,” Acorn said.

He said Sanchez requested a pre-sentence report and Silva’s sentencing on tampering with evidence was set for May.

“It was gratifying that the jury really did listen during the trial to all the evidence — weighed it out and made their own judgment about whether the things they were being told made sense,” Acorn said Friday morning. “Because they had to look at whether a person in Mr. Silva’s position should have been allowed to defend himself because he was attacked with a deadly weapon in a way that could have killed him. Smashed across the head with the pipe.”

Acorn added he thought “another important thing” is the jurors heard directly from Silva that he didn’t have any intent to kill Serna, saying that he broke down on the witness stand Thursday and Serna was his friend.

“It’s certainly sad for Mr. Serna’s family, but this was a tragedy, not a crime,” he said.

Kelly Farrell can be reached at courts@hobbsnews.com.