NM Supreme Court upholds conviction of Deming man convicted of murdering stepson
DEMING, New Mexico (KVIA) -- The New Mexico Supreme Court has reaffirmed the conviction of Ezequiel Ricoy, the Deming man convicted of murdering his stepson, Brendan Kern, in 2022.
The murder happened in Deming on July 23, 2022, when Kern arrived at Ricoy's home to retrieve an ice chest.
A jury convicted Ricoy in 2024. On May 3, 2024, he was sentenced to life if prison plus nine years.
In his appeal to the New Mexico Supreme Court, Ricoy claimed there was insufficient evidence to establish deliberate intent, that the district court failed to instruct the jury on self-defense, voluntary manslaughter, and defense of habitation, and that Ricoy received ineffective legal support. The Supreme Court ruled against Ricoy's appeal, instead affirming Ricoy's conviction.
The New Mexico Supreme Court says that Ricoy had recently married Kern's mother. The pair lived together in Kern's childhood home, the court stated. The court says that Ricoy had hired Kern to help him renovate a trailer, but that a few days into the project, Ricoy fired Kern. The court says the two had gotten into an argument over who would drive to the worksite and whether Kern could bring a television to the worksite. Kern left his cooler in Ricoy's truck before he was fired.
The day of the murder, the New Mexico Supreme Court says that Kern's mother invited Kern's fiancée over to pick up the cooler. Kern's mother arranged for the ice chest to be left outside her house for Kern to pickup.
When Kern, his fiancée, two children, and a friend arrived at the house, Kern's fiancée got out to find the ice chest. The court says that Ricoy became angered, having previously expressed his dislike for Kern. He allegedly called Kern and his siblings "useless," according to the court. Ricoy got out an AR-15 assault rifle and started shooting at Kern's fiancée as she ran back to the car. The court says that Kern then got out and stepped between Ricoy and his fiancée, putting his hands up and saying "We're leaving."
The New Mexico Supreme Court says that Ricoy kept shooting and that two bullets hit Kern's chest and neck. The court says that Ricoy laughed during the incident. He also allegedly called Kern and his family "arrogant pricks," according to the court.
Ricoy later told police that he saw two things in Kern's hands, and that he could not tell what they were. Investigators later determined Kern was holding an energy drink and a phone. Ricoy also claimed that Kern had charged at him.
