Grand jury indicts teenager for killing four family members
A Valencia County teenager has been indicted on four counts of first-degree murder by a grand jury late last month.
The indictment was handed down on Tuesday, Dec. 30, charging Diego Leyva, 16, in the murders of his parents, Leonardo Leyva and Adriana Bencomo, and brothers Adrian Leyva, 17, and Alexander Leyva, 14.
According to information released by the New Mexico State Police and 911 audio recordings, Diego Leyva called 911 just before 3:30 a.m., Saturday, Dec. 14, and told the dispatcher he had killed his entire family.
When deputies from the Valencia County Sheriff’s Office arrived at the family’s home on Camino Escondido, southwest of the city of Rio Communities in Rio Grande Estates, they found Leyva outside and his family dead inside.
All four sustained suspected gunshot wounds, according to NMSP, and a handgun was found on the kitchen table.
During the 911 call, Leyva told the dispatcher he shot his parents and brothers in the head. The dispatcher asked him what happened, if he’d ever felt like hurting his family before. Leyva said he’d never felt the urge to hurt them.
“Something bad possessed me. I don’t know. It just happened. I just felt possessed,” Leyva said on the recording.
During a status hearing on Monday, Jan. 6, Leyva and his attorney, Todd Farkas, appeared before 13th Judicial District Judge Cindy Mercer via video. During the brief hearing, the judge reviewed a motion from Farkas for a competency evaluation of his client.
Jessica Martinez, chief deputy district attorney for the 13th Judicial District Attorney’s Office, said the state had no opposition to such an evaluation.
Once he was indicted, Leyva was charged as an adult, Martinez said in an interview following the status hearing. The state has filed a notice with the court to seek adult sanctions.
Mercer directed both parties to continue with the discovery process — the formal exchanging of information between the prosecution and defense before trial — while the forensic evaluation was scheduled and performed.
Leyva is being held at the Juvenile Justice Center in Albuquerque at this time.