Chance found guilty of 2nd-degree murder

LOVINGTON — A Lea County jury found Eunice resident Samantha Chance guilty of second-degree murder Friday afternoon in the February 2016 shooting death of Hobbsan Kasey Poole, 30, in Eunice.

The unanimous verdict came around 2:45 p.m. Friday after more than four hours of deliberation by jurors. It ended a five-day trial for Chance, 26, who was initially charged with first-degree murder in Poole’s death on Feb. 10, 2016 at the 1300 block of 14th Street where the two women got into an altercation inside Chance’s home. There was an immediate emotional reaction on both sides of the courtroom after Clingman announced the verdict.

“In the State of New Mexico versus Samantha Chance, D-506 CR-201600884,” he read. “Verdict: we find the defendant Samantha Chance guilty of second-degree murder as charged in count one.”

Chance was remanded into custody and led away from the courtroom by a Lea County Sheriff’s Office deputy. Clingman set her sentencing for Monday, April 23. Second-degree murder carries a maximum sentence of 15 years in prison. The jury also found that a firearm was used in the commission of second-degree murder, which is a one-year enhancement.

“Obviously, we believe this is a just verdict and this family has waited a long time for justice and I’m glad they finally got it,” First Judicial Assistant District Attorney Blake Nichols said afterwards.

Nichols and Fifth Judicial ADA Jessy Marquez prosecuted the case, while Lovington defense attorney Barry Crutch-field represented Chance.

“It’s a very disappointing situation,” Crutchfield said on the verdict. “What this verdict does is essentially give a license to people who want to engage in home invasions and assaults on a homeowner, which is regrettable ... .”

He also indicated there will be an appeal.

“What we’re dealing with is a defense of a habitation or a defense of a residence, so that’s kind of an unusual issue in New Mexico law,” Crutchfield added.

The trial featured days of statements, testimony and arguments from forensic experts, Eunice police and EMS, New Mexico State Police agent Kevin Massis, Chance, Kasey’s ex-husband and Chance’s fiancé, Russell “Dice” Poole, Kasey’s then-boyfriend Daniel Willis and several others. They took the witness stand regarding evidence, what took place and about what prosecutors called a “love triangle” involving Chance, Russell and Kasey. After the state rested on Thursday, Clingman threw out first-degree murder and said it would proceed on second-degree murder.

During deliberations, jurors returned to the courtroom and listened again to a 911 call made by Chance and watched a Eunice police officer’s body camera footage that was played for them on Tuesday.

Attorneys delivered their closing arguments following instructions by the judge to jurors that included legal elements of second-degree murder, voluntary manslaughter and self-defense.

Nichols talked for roughly 17 minutes before jurors and focused on motive and physical evidence heard throughout the week. He asked them to find Chance guilty.

“The physical evidence tells us how Kasey spent her last moments on this Earth in that hallway coughing up blood, riddled with five bullets. But why? We heard a lot about the why, here. We heard from the defendant herself, we heard from “Dice,” we heard from Danny Willis — this was a messy relationship to say the least. I think that became very clear.”

He recapped testimony from Chance, Russell and Willis regarding their relationship. He also singled out Massis’ investigation and opinion on what occurred based on the physical evidence. He arguing that physical evidence doesn’t have a “dog in this fight” and doesn’t care about the relationship. Massis gave a lengthy testimony during the trial on shell casings, blood stain pattern analysis, blood spatter and other items located at the crime scene. He included his opinion that Kasey fell backwards into a hallway and shot while on the ground.

Nichols noted evidence telling that Kasey was shot in the hallway with no other blood anywhere else in the house, “it’s all in that hallway.” He discussed events leading up to the shooting, location of blood found within the hallway, location of the casings and asserted Kasey was shot five times from different ends of the hallway while lying on the floor.

Crutchfield told jurors that Chance’s life is in their hands. Before that, he reiterated circumstances that led to Kasey driving from Hobbs to Eunice on the night of the shooting, saying Kasey told Willis she going to “beat her (expletive) and (expletive) her up,” drove drunk to Eunice, forced her way into Chance’s home.

“…Ms. Poole grabbed her,” Crutchfield said. “Slammed her head into the wall, slammed the head into the doorframe and then knocked her down. Knocked her down. Now is that reasonable that someone would be afraid if that happened? In their own home, when they’re minding their own business.”

He also talked about the 911 call, went over Chance’s account of the shooting, and said speculation and an effort to make a “square peg fit in a round hole” is reflected in Massis’ testimony.

“If Ms. Poole had got that gun (repeats), this young lady would not probably be here,” Crutchfield said at one point. “…Ms. Chance wasn’t going out here and looking for a fight. Ms. Chance wasn’t going out to Kasey Poole’s house. Ms. Chance was not out here calling and making threats.”

On Thursday, several defense witnesses took the witness stand. Chance testified for more than hours and talked about Kasey, Russell and the altercation that took place before she “fired until she hit the floor,” and what happened after the shooting. Retired Hobbs police detective, Jim Hardy, testified about ejection patterns, his test on a similar firearm and gave a contrasting opinion to Massis’ on Kasey’s position in the shooting.

Earlier in the week, Chance’s 911 call was played for the courtroom, Eunice police officer Kevin Gutierrez’s body camera footage was shown, state forensic experts explained matters like DNA results, firearms testing on the .380 Ruger pistol used in the shooting and Kasey’s autopsy results.

Dr. Karen Cline-Parhamovich, a forensic pathologist for the New Mexico Office of the Medical Investigator, testified that she died of “multiple gunshot wounds of the head and torso,” the trajectories of the wounds and that she had a blood alcohol level of 0.17, more than twice the legal limit. Russell and Willis also testified about their respective relationships with Kasey and a physical altercation that occurred between the two men at Kasey’s apartment earlier that evening.

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