Two New Mexico cousins argued over whose enchiladas had hotter chile. It turned into a fistfight and allegedly ended with a fatal shooting

A New Mexico man is accused of fatally shooting his cousin after an evening of drinking turned into an argument over enchiladas and then a fistfight, according to an arrest warrant cited by NBC News. Ervin Joaquin Gutierrez, 22, is charged with an open count of murder in the Aug. 27 killing of Nathaniel Cavazos at an apartment complex in Albuquerque.

Albuquerque police arrested Gutierrez on Friday evening, jail records show. He was booked into the Metropolitan Detention Center shortly after midnight Saturday and is being held on an open count of murder.

Police responded to a shooting shortly before 11 p.m. and found Cavazos unresponsive in a pool of blood on the walkway between apartment buildings, the warrant affidavit states. He had been shot at least once and died from his injuries, according to the affidavit.

A witness told police the argument started over whose chile was hotter

A cousin of both men, who told police he witnessed the shooting, said Gutierrez had arrived earlier that afternoon to visit. The three later bought groceries, returned to the apartment, and cooked green enchiladas while drinking alcohol, according to the affidavit.

The witness told authorities that tension began when Gutierrez repeatedly claimed the chile on his enchiladas was hotter than the chile on Cavazos’ plate and challenged him to eat some. Cavazos reportedly responded that they had all eaten the same enchiladas, so the chile should be equally hot.

The men continued arguing after the witness suggested they take his dog for a walk. Eventually, Cavazos punched Gutierrez, and the two fought, according to the witness’ account. Cavazos reportedly struck Gutierrez enough to leave him bleeding before the fight ended and Cavazos began walking away.

Gutierrez then allegedly pulled out a handgun and confronted Cavazos, saying, “We’re family! We’re family! How could you do this to me?” the witness told investigators. The witness said Cavazos was about 10 feet away and was not holding a weapon when Gutierrez fired three or four times, striking him in the back. Gutierrez then fled, according to the affidavit.

Police said the witness showed investigators a Snapchat message in which Gutierrez allegedly said Cavazos had threatened his life. “Is he really dead?” Gutierrez allegedly wrote. “I did not want to kill him but i didn’t want him to kill me.” Similar claims of having no other option have appeared in an Arkansas shooting with dropped charges.

Investigators said a handgun belonging to Cavazos was found at least 10 yards from his body. Other fatal shooting cases have also drawn attention, including an Ohio dad who shot a suspected predator.