Los Chavez man charged with murder for dragging man to death

LOS CHAVEZ — An alleged road rage incident has led to a Los Chavez man being drug to death beneath a car.

Around 7:30 p.m., Saturday, July 27, multiple calls to 911 were made, reporting someone had been run over by a black car near the intersection of Seabell and Peyton roads, and the person was still under the car.

When deputies from the Valencia County Sheriff’s Office arrived, they found the body of Masimiano Jaramillo, 48, of Los Chavez, trapped beneath a black Hyundai Elantra.

The Elantra was driven by Bryan Swarthout, 34, also of Los Chavez, who was at the scene.

Swarthout is charged with an open count of murder in the first degree. He was booked into the Valencia County Detention Center and released to pretrial services on Thursday, Aug. 1. He has not entered a plea as of Monday, Aug. 5, according to court records.

According to the criminal complaint, “a streak of blood going (in) a half circle was observed in the intersection.”

A witness who lives near the intersection said he saw both vehicles stopped in the intersection, then Jaramillo get out of his Yukon, approached the Hyundai and put his hands on the hood of the car.

“Then the black vehicle (the Elantra driven by Swarthout) ‘floored it’ forward, hitting Jaramillo,” the witness told officers. “... he observed the vehicle driving in circles, dragging the male underneath the vehicle ...” The man called 911.

“Multiple witnesses state that it appeared Bryan had intentionally ran over Masimiano,” the report reads.

Jaramillo’s two young daughters were in the Yukon at the time of the incident.

Officers reported “multiple circles, consistent with a vehicle making ‘donut’ style turns that appeared to come from the Hyundai ... inside these tire marks, there was a circular pattern of what appeared to be blood, tracing from the tires of the Hyundai and the decedent ...”

A second witness, who arrived at the scene just after the incident occurred, saw a girl, later identified as one of Jaramillo’s daughters, under the black car trying to pull her father out. The witness said Swarthout told him he was driving west on Peyton and the Yukon, which was traveling east, ran him off the road.

Swarthout allegedly told the witness he flipped off the driver of the Yukon, then made a U-turn and followed the SUV to take a picture of the license plate. When the two vehicles got to the intersection, Jaramillo got out of his vehicle and Swarthout hit him while he was trying to go around him. The witness said Swarthout told him he only made one circle and then stopped.

During an interview with VCSO detective Rashad Pearson, Swarthout said he was driving westbound on Peyton, but made a U-turn to go back east to the Dollar General on N.M. 314. A white Yukon was traveling fast behind him, then passed him.

He said Jaramillo yelled at him as he was passing, asking if he wanted to fight. Swarthout stopped the Yukon at the intersection to avoid hitting someone on a four-wheeler, he told the detective, then Jaramillo approached the front of his vehicle, “yelling, cursing and wanting to fight.”

“Bryan advised Masimiano, ‘You’re going to have to hit me,’” according to the criminal complaint. Swarthout told the detective he “just drove forward, trying to turn out of the way,” hitting Jaramillo and said “it happened so fast.”

During the interview, Pearson told Swarthout it appeared there were multiple turns in the roadway, and then Swarthout “remembered taking multiple turns.” The first turn to try to avoid Jaramillo, by turning left, then striking him as he came back around.

In the report, Pearson notes Swarthout said he was trying to go home, “which would have been to the right, going back west bound on Peyton, but he chose to drive left ... Observing the scene, it appears (Swarthout) could have reversed to try and avoid (Jaramillo), but chose to drive forward, resulting in (Jaramillo’s) death.”

The criminal complaint stated the length of the blood trail — about 51-feet long — indicated Swarthout did not make an immediate stop after hitting Jaramillo.