Albuquerque judge resets sentencing after courtroom outburst

An Albuquerque judge abruptly halted a sentencing hearing Tuesday for a man who pleaded no contest to two counts of first-degree murder after outbursts in and outside the courtroom. Judge Britt Baca reset the sentencing for Andres Herrera to continue in 30 days, citing safety concerns raised by deputies at the Bernalillo County District Court.

The sentencing began with families of the two victims delivering emotional statements. The mother of one victim addressed Herrera directly in court.

“I’m hoping and praying that one day I receive a call telling me that you are dead. I pray it is a slow and painful death – hopefully that happens sooner than later so that the taxpayers of New Mexico do not have to pay for you to live a comfortable life in prison,” said the mother of one of the victims in court on Tuesday.

Applause followed the statement. Judge Baca then ordered some family members out of the building.

Herrera, 20, pleaded no contest to two counts of first-degree murder and faces two life sentences. In October 2023, Herrera shot and killed Phillip Apodaca near Eubank and Candelaria. In December of the same year, Herrera was caught on camera shooting Damion Alday near 98th and I-40. Herrera was 17 at the time and bragged about that murder on social media.

Judge Baca allowed family statements to continue but learned some family members were protesting outside the courthouse.

“I do have some concerns based on some information that I have received that a number of the family members for Mr. Apodaca and Mr. Alday have stayed behind and may not be acting in the most court appropriate manner even outside of this court room,” said Judge Baca.

Acting on advice from deputies, Judge Baca reset the sentencing.

The state asked Judge Baca to finish the sentencing Tuesday and said the families have been waiting too long for justice. The motion was denied.