Ad
Featured
Guilty: Jury convicts Salazar of first-degree murder
Published
Modified
After a few hours of deliberation June 28, a jury found David Salazar, 46, guilty of first-degree murder and tampering with evidence in the January 2023 shooting death of Joseph Keleher, 59.
As Judge George Eichwald read the verdict, family members from both sides began to sob.
Before the verdict came back, the jury heard closing arguments from both sides.
The prosecution, using a Power Point for reference, the prosecution reviewed why the evidence proved guilt, first explaining why any alternative counts — such as second-degree murder or voluntary manslaughter — wouldn't be sufficient.
"The evidence certainly shows that the defendant knew that his acts created a strong probability of death or great bodily harm to Joseph," the prosecution stated.
They went on to say that even if Salazar's son had been molested, as he claimed in initial interviews, he did not behave as a reasonable person would have.
"What is a reasonable person? What do you do if you're in those shoes? Maybe investigate yourself a little bit, certainly call the police. But that's what a normal, ordinary person of average disposition does. They don't take matters into their own hands," they said.
However, the prosecution noted the son who was allegedly molested testified the abuse never occurred.
Prosecution also stressed that the shotgun being found "hidden" in the rafters of Salazar's garage was a clear sign of tampering with evidence. Further more, they said Salazar's DNA being found on the weapon proved he was the one who shot it and put it up there.
Then, the prosecution said Salazar admitted to the crime on multiple occasions. They showed the lapel video from the initial contact made by Sandoval County Sheriff's Office Deputy Diana Valencia.
Ad
"But don't take my word for it. Don't take Deputy Valencia's word for it. Take his word for it," the prosecutor said and played the video.
In that video, Salazar is standing directly in front of the deputy and says, "I shot him this morning for molesting my son."
Lastly, prosecution said the two shots to Keleher, one to his front left chest area and one to his right back side, showed Salazar meant to kill.
Prosecution added that they went beyond that video to prove Salazar committed the crime by bringing in law enforcement, forensic experts, witnesses and Salazar's own children to make the point.
Testimony from Salazar's daughter also revealed that Salazar admitted to the crime on a phone call with her, and the prosecution added the molestation accusation was an excuse Salazar came up with to get out of the crime.
"So we have two hours in between the crime and the phone call. Which coincidentally happens to be around when law enforcement is called to the scene. Two hours that Joseph had been sitting there ... dead. Two hours for him to come up with a story," the prosecution said.
The defense then made their closing arguments.
"This is the last time David will have anyone to speak for him in this trial," they said, going back to the beginning of the trial and one of the first questions asked to the jury.
"The first one of the questions asked was, 'Who watches true crime shows?' And half the room or more raised their hands," the defense said, noting that true crime always gives a motive.
"They don't just get up and say, 'Well this gentleman went to this house and shot the guy,' and just let the screen go blank for the next hour. They always give a reason," they said.
The defense's argument was that Salazar's son's well-being was the motive, saying they may never know if Keleher truly did or did not molest Salazar's son.
"Even if the son wasn't molested, David believed that he had been," they said. "It's ridiculous to say he came up with the story while waiting for police."
They also said the probability that someone else committed the crime isn't completely ridiculous and even suggested that Salazar's son could have been the one to commit the crime.
However, in the state's rebuttal, prosecuting lawyers said the defense had only been asking about the "what if's" and not the facts of the case, again asking the jury to consider only the facts of the case.
The jury came back with the unanimous guilty verdict on both counts after a couple hours of deliberation.
The dates Salazar's sentencing has yet to be set, but Eichwald noted it will most likely be in the beginning of August.
Keleher Family
For Keleher's family this trial was anything but easy. They traveled from other parts of the country to be present for the trial, sat through hours of testimony and anxiously waited to hear a verdict. As the anxiety of the case settled when the verdict was read, they sighed with relief and began to sob. Though they got a sense of closure from it, this unexpected tragedy will be in their hearts for a long time to come. Keleher's sister joined by their brother and his family collectively wrote a statement about the outcome of the case.
"Our family is pleased with the outcome of the trial. However, a piece of our hearts will never be mended. Joe was a great person and will be remembered as the loving, kind and compassionate man he was. We are eager to restore his reputation and believe this is a good start to do just that. It’s a tragedy that he is not here to continue to be a positive influence to future students and anyone he would have met. The family would also like to express our sincere gratitude towards the district attorney’s office, law enforcement investigators and anyone who was involved in convicting this criminal. Tonight the community of Sandoval County, NM can sleep peacefully knowing that this dangerous man will be behind bars for a very long time. Today, the closest thing to justice (that the NM legal system could provide) was served for Joe," they said.
