The state Supreme Court decided to uphold three 2018 murder convictions near the community of Dixon.
The court came to a unanimous decision after John Powell appealed the convictions, citing insufficient evidence.
A surveillance camera saw Powell and his brother, Roger Gage, commit the murders and steal a safe at home in Rio Arriba County. Powell and his girlfriend previously lived at the home belonging to April Browne.
The home was used for a drug operation, and the two lived there until Powell’s girlfriend was accused of stealing the product. They moved out of the home six days before the murders and theft.
The court said Powell drove more than an hour to reach the home to commit the illegal acts. Chief Justice David K. Thomson wrote the court’s decision.
“The entire assault, including removing the safe and laptops, lasted only fifty-two seconds,” Thomson said. “A juror could reasonably determine that the precisely choreographed actions in the video demonstrate the type of careful thought sufficient for deliberation.”
Powell did not challenge his conspiracy charge; he did challenge all three murder convictions and an aggravated burglary charge.
The burglary charge was upheld due to text messages between Browne and the girlfriend about leaving the property days before. The entry of the residence that day of the murders would be unauthorized, according to the court.
Powell received three consecutive life sentences for the murders, along with 18 years of prison time for other committed crimes.
Gage was convicted to life in prison for his role in the murders. He also appealed to the Supreme Court, and it affirmed his convictions of three counts of first-degree willful and deliberate murder.