Albuquerque, NM –
The Bernalillo County District Attorney’s Office continues its commitment to justice. During the week of October 7, 2024, three jury trials are underway in Bernalillo County:
Sean Evans-McClintock
Case Number: D-202-CR-202400949
- Aggravated Assault (Deadly Weapon)(Household Member) (Firearm Enhancement)
- Criminal Damage to Property of a Household Member (Over $1,000)
- False Imprisonment
- Battery (Household Member)
Case Number: D-202-CR-202202067
- First Degree Murder (Willful & Deliberate)
- Tampering with Evidence (Highest Crime a Capital, First or Second Degree Felony)
- Conspiracy to Commit Tampering with Evidence (Capital Crime or 1st or 2nd Degree Felony)
- Receipt, Transportation or Possession of a Firearm or Destructive Device by a Felon Convicted of a S – Statute 30-7-16 (C) & 31-18-15
- Armed Robbery
- Armed Robbery
- Attempt to Commit a Felony, to wit: Armed Robbery
- Attempt to Commit a Felony, to wit: Armed Robbery
- Aggravated Assault (Deadly Weapon)
- Aggravated Assault (Deadly Weapon)
- Aggravated Assault (Deadly Weapon)
- Shooting at or from a vehicle (death)
Sylvan Alcahupas is facing charges for the fatal shooting of Rosario Zito. As we reported to you on August 31 2022, Alcachupas tried to rob a group of Giovanni’s employees as they stood outside of the business. The employees emptied their pockets and handed over $15 to Alcachupas. Alcachupas then challenged Zito by saying “you wanna play?” Zito responded back with “yeah let’s play.” Zito had a concealed firearm and he chambered a round into the gun. The complaint goes on to say witnesses say the two then exchanged gunfire and Zito was hit three times by Alcahupas gun. Zito’s fatal wounds were in his chest and head. Zito died on scene. Alcahupas fled the scene but a short time later Albuquerque Police officers were able to locate and detain him. A female was with Alcahupas when APD officers first approached him. Officers watched Alcahupas pass an unknown object to her and she fled the area.
Detectives interviewed Alcahupas and when they questioned him about his clothing matching someone who was fleeing the gunshots scene, Alcahupas stated that he had just got the clothes from a subject, who he refused to name, at approximately 3:00 PM the previous day. Alcahupas claimed that he knew nothing of a bullet found in the clothing he was wearing which had markings that matched those of the casings located at the homicide scene. Alcahupas stated that the money found in the pockets was indeed his. Alcahupas eventually went on to state that anything found in his pockets would be his. Detectives questioned Alcahupas about footage showing him inside the shopping center at 921 San Pedro Dr SE. Alcahupas responded by asking if he would be facing murder charges. It’s important to note that the detectives had not confirmed any deaths or injuries, only the occurrence of gunfire.
Our investigation in 2022 revealed Alcahupas’ extensive criminal record, which included numerous violent felonies committed since 2014. Most of these cases were either dropped or resolved with lenient sentences.
Alcachupas did accept a guilty plea agreement for a felony armed robbery in 2020. Alcahupas was originally sentenced to five years of supervised probation. However, District Court Judge Cindy Mercer recently revoked his probation and issued a bench warrant on August 24, citing alleged violations of the probation terms.
In 2021, he was in a high speed chase with APD throughout Albuquerque. That case was dismissed by District Attorney Raúl Torrez’s office because “The State has determined it is not in the interest of justice to proceed.”
Alcachupas is now charged with an open count of murder in the first degree, robbery, and tampering with evidence (Highest Crime a Capital, First or Second Degree Felony) for Zito’s murder. You can read our initial story on this here: https://abqraw.com/post/giovanni-s-pizzeria-owner-murdered-and-robbed-over-15-in-workers-tips-suspect-booked/
The trial for Alcachupas is scheduled to begin on October 9, 2024, before Judicial Officer Jennifer J. Wernersbach.
Continuing this week: Lee Cuellar
Case Number: D-202-CR-202101131
- First Degree Murder (Willful & Deliberate)
Cuellar’s trial reportedly commenced on October 1, 2024.
As per the legal principle, defendants are presumed innocent until proven guilty in a court of law.