S1: E2 – The Father’s Day Murders, Part 2

Summary

American Homicide: S1E2 – The Father’s Day Murders, Part 2

Release Date: October 17, 2024

Introduction

In the second episode of the first season, American Homicide delves deeper into the chilling triple murder case that shook the quiet town of El Rancho, New Mexico. Hosted by Colleen Witt and produced by iHeartPodcasts and Glass Podcasts, this episode unpacks the complexities surrounding the Father's Day Murders of 2011, revealing the tangled web of relationships, conflicting testimonies, and the relentless pursuit of justice led by journalist Sloan Glass.

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Case Background

On Father's Day in 2011, the Ortiz family—Lloyd Dixie, his wife Dixie, and their son Stephen—were brutally bludgeoned to death with a pickaxe in their El Rancho home. For 16 months, the case remained unsolved, leaving the tight-knit community in shock and fear.

Key Quote:

Colleen Witt: "It had been 16 months and there had been no arrest or even major leads in the case." [02:15]

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Ashley Roybal’s Arrest and Testimony

In October 2012, Ashley Roybal, a 25-year-old with prior felony convictions, was arrested in New Mexico on charges of burglary and felony larceny. Waiving her right to remain silent, Ashley provided crucial information about the Ortiz murders, claiming that her ex-boyfriend, Nick Ortiz, was responsible for the killings.

Key Quotes:

Ashley Roybal: "I wanted to come forward, and I just couldn't." [03:06]

Detective Alex Cross: "Imagine how surprised detectives were when Ashley says she knows who killed Lloyd, Dixie and Stephen Ortiz." [02:32]

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Pastor John Trujillo’s Insight

Pastor John Trujillo, who had known Ashley since her childhood, provided a personal account of her transformation. From a dedicated church member to someone involved with "the wrong crowds," Pastor Trujillo highlighted the stark changes in Ashley's behavior leading up to her arrest.

Key Quotes:

Pastor John Trujillo: "She started coming to church as a little girl... always part of our family." [03:35]

Pastor John Trujillo: "I would hear bits and pieces that she was running with some of the wrong people... even to the point where she was even getting involved, doing things a little bit criminal." [04:24]

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Conflicting Testimonies: Ashley vs. Jose Roybal

Ashley’s cousin, Jose Roybal, presented a counter-narrative in his testimony. While both cousins agreed that Nick Ortiz was the perpetrator, their versions of the events diverged significantly. Ashley portrayed herself as the getaway driver in a robbery gone wrong, whereas Jose implicated Ashley as the mastermind behind the murders, even claiming she supplied the pickaxe used as the weapon.

Key Quotes:

Ashley Roybal: "Because it's not right. Dixie and I are good people. I grew up with Stephen." [02:40]

Jose Roybal: "Ashley is the one who came up with the idea to murder the Ortiz's... she provided the murder weapon, her grandfather's pickaxe." [09:54]

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Investigation Findings and Nick Ortiz’s Involvement

Detectives scrutinized cell phone records from the night of the murders, revealing that a third individual, Jose Roybal, was present at the Ortiz residence. This discovery further complicated the investigation, leading to heightened tensions and conflicting accounts of that fateful night.

Key Quotes:

Detective Alex Cross: "There's a lot more involvement from some different people." [07:54]

Nick Ortiz: "We had broken into their house and stole a gun." [16:11]

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Nick Ortiz’s Trial: Hung Jury and Retrial

Nick Ortiz, a 16-year-old at the time of the murders, stood trial in Santa Fe, New Mexico. The defense, led by lawyer Aldous Hodge, argued the lack of physical evidence and portrayed Jose Roybal as the actual perpetrator. The prosecution relied heavily on the testimonies of Ashley and Jose. The initial trial ended with a hung jury, leading to a retrial six months later.

Key Quotes:

Aldous Hodge: "I believe that he may have had something to do with planning it or saying, yeah, let's go in and get this money. But he did not want anything to do with the physicality of killing these people." [21:31]

Colleen Witt: "It took the police nearly four years to charge Nick Ortiz, and his lawyer thought the case against him was weak." [20:20]

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Verdict, Appeals, and Community Impact

In the retrial, the jury found Nick Ortiz guilty of three counts of first-degree murder. However, the conviction faced multiple appeals due to procedural technicalities, including delays in filing necessary paperwork. In 2019, the New Mexico State Supreme Court upheld his conviction, solidifying his 75-year sentence (25 years per count served concurrently).

The case left the El Rancho community deeply divided. While some believed in Nick's guilt, others, influenced by conflicting testimonies and perceived flaws in the judicial process, felt justice was not fully served.

Key Quotes:

Colleen Witt: "Cherie Ortiz called the sentence a slap in the face to her family and the New Mexico justice system." [32:20]

Reporter Alex Tomlin: "In New Mexico, he will earn good time... he will not spend most likely those 25 years in prison." [31:58]

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Community and Family Aftermath

The Ortiz family continues to live on the property where the murders occurred, with Cherie Ortiz striving to rebuild her life amidst lingering trauma. Pastor Trujillo remains a pillar of support for the community, emphasizing the enduring scars left by the tragedy.

Key Quotes:

Pastor John Trujillo: "It will always stay in our hearts and in our mindset that on Father's Day this horrific crime took place... I pray we never, ever do again." [34:11]

Reporter Alex Tomlin: "Cherie's recently become a grandma. That helps with the healing process. But this will always be there. It'll never, ever go away." [33:31]

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Conclusion

The Father's Day Murders case embodies the complexities of criminal investigations, where intertwined relationships and conflicting testimonies can obscure the path to truth. American Homicide masterfully navigates these murky waters, offering listeners a comprehensive look into a case that continues to resonate within the El Rancho community.

Notable Quotes Summary:

• Colleen Witt: "It had been 16 months and there had been no arrest or even major leads in the case." [02:15]

• Ashley Roybal: "Because it's not right. Dixie and I are good people. I grew up with Stephen." [02:40]

• Jose Roybal: "Ashley is the one who came up with the idea to murder the Ortiz's." [09:54]

• Detective Alex Cross: "There's a lot more involvement from some different people." [07:54]

• Aldous Hodge: "I believe that he may have had something to do with planning it... But he did not want anything to do with the physicality of killing these people." [21:31]

• Pastor John Trujillo: "It will always stay in our hearts and in our mindset that on Father's Day this horrific crime took place." [34:11]

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Looking Ahead

In the next episode of American Homicide, the podcast shifts focus to the mysterious disappearance of a young woman on the eve of her 21st birthday, leading detectives to an unexpected and unlikely location—a church. Hosted by Sloan Glass, the series continues to unravel the intricate layers of America's most baffling murder cases.

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For more detailed insights and updates, listeners are encouraged to follow American Homicide on Apple Podcasts and other major platforms.

Transcript

[Detective Alex Cross]

Now streaming on Prime Video. You can call me Detective Alex Cross. Based on characters created by James Patterson. We have to catch this serial killer.

[Aldous Hodge]

I don't kill for fun.

[Detective Alex Cross]

And created by Ben Watkins. This killer thinks he's the smartest guy in the room. Aldous Hodge is DC's funniest Alex Cross. If we don't find him soon, we may never have another chance.

[Colleen Witt]

Clock's ticking.

[Detective Alex Cross]

You think you can stop him? I know I can. Because I know him better than he knows himself. Cross. A new original series only on Prime Video. Watch now.

[Colleen Witt]

What's good. It's Colleen Witt. And Eating While Broke is back for season three. Brought to you by the Black Effect podcast network and iHeartRadio. We're serving up some real stories and life lessons from people like Van Lathan, D.C. young, fly phone Thugs and Harmony and many more. They're sharing the dishes that got them through their struggles and the wisdom they gained along the way. We're cooking up something special, so tune in every Thursday. Listen to Eating While Broke on the Black Effect Podcast Network, iHeartRadio app, Apple Podcasts, or wherever you get your podcasts.

[State Farm Representative]

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[Detective]

All right, Ashley, you have the right to remain silent. If you give up that right, anything you say can be used against you in court. You have the right to talk to a lawyer now and have him or her.

[Colleen Witt]

It's October 2012 and 25 year old Ashley Roy is in custody in New Mexico. She was charged with burglary and felony larceny and waived her right to remain silent. Instead, Ashley told investigators that she had some information about the unsolved murders of Lloyd Dixie and Stephen Ortiz. The three were bludgeoned to death by a pickaxe on Father's Day 2011 in the tiny town of El Rancho, New Mexico.

[Detective]

I'm actually the lead case agent on the triple homicide of the Ortiz family in El Rancho.

[Colleen Witt]

Okay. It had been 16 months and there had been no arrest or even major leads in the case. The victim's daughter, Cherie, was the only person talked about in town as a potential suspect.

[Detective]

I understand that you know some details.

[Ashley Roybal]

I know who did it?

[Colleen Witt]

Imagine how surprised detectives were when Ashley says she knows who killed Lloyd, Dixie and Stephen Ortiz.

[Nick Ortiz]

So why are you telling us?

[Ashley Roybal]

Because it's not right. Disney and I are good people. I grew up with Stephen. I went to school with him. You know what I mean?

[Colleen Witt]

Yeah. Detectives knew what she meant. Ashley Roy Ball says she was close with all three and mentioned that when her own mother died, it was Lloyd and Dixie who helped pay for her funeral.

[Ashley Roybal]

I wanted to come forward, and I just couldn't.

[Colleen Witt]

So Ashley Roybal was finally ready to break her silence. I'm Sloan Glass, and this is the conclusion of the Father's Day murders on American Homicide. This podcast contains subject matter which may not be suitable for all audiences. Discretion is advised.

[Pastor John Trujillo]

I've known ashley since around 2001.

[Colleen Witt]

Pastor John Trujillo first met Ashley Roybal when she was in middle school.

[Pastor John Trujillo]

She started coming to church as a little girl. Ashley and her sisters, we absolutely loved. She was always at the church, always. I don't think there wasn't a day that go by that her and her sisters were never at the church. They would come and clean. They would come and help us with the yard. They would help us with performances, with dramas. They were always part of our church. They were always part of our family.

[Colleen Witt]

The pastor also knew Ashley outside of the church.

[Pastor John Trujillo]

She grew up with my sons because they were all the same age. She even went to prom with my oldest son. It was strange because she was always willing to help. But as she got older, she became less and less involved in the church to the point where she never came back again.

[Colleen Witt]

All he knew is what he heard. Then Ashley went down the proverbial wrong path.

[Pastor John Trujillo]

I would hear bits and pieces that she was running with some of the wrong people, with the wrong crowds, drinking, drug use, you know, even to the point where she was even getting involved, doing things a little bit criminal.

[Colleen Witt]

By the time Ashley turned 25, she racked up a lengthy rap sheet, including three felonies. Following her arrest. In 2012, she decided to clear her conscience. She told the police she had firsthand information about the 2011 triple murder in El Rancho.

[Detective]

So it was Father's Day today. Father's Day, Okay.

[Colleen Witt]

Ashley said back in the early morning hours. Father's Day 2011. Nick Ortiz needed Ashley to pick him up. But why did he call Ashley? Well, despite the fact that she was several years older than him, Nick was Ashley's ex boyfriend. So this gets a little confusing. Although Nick shared the same last name as Lloyd, Dixie and Steven, they aren't related. But they did act like family. And along with that, Nick was friends with Cherie Ortiz son and her brother Stephen. Nick even lived with Cherie for a few weeks. When he was having issues with his parents.

[Pastor John Trujillo]

She would invite him to stay there, spend the night sometimes. He became good friends with Cherie, Jesse, the kids, and he was part of our church.

[Colleen Witt]

Nick Ortiz also went to Pastor John's church.

[Pastor John Trujillo]

Nicholas was there almost pretty consistently and always willing to help if we were doing something at church. What do you need me to do? Or he would go to the youth pastor and say, what can I help out with this? Or what can I do here? You know, constantly wanting to be part of what we were doing. You know, he showed himself to be a pleasant young man.

[Colleen Witt]

Let's get back to what happened in the early morning hours of Father's Day 2011, when Nick called Ashley for a ride.

[Detective]

Do you remember how he sounded on the phone?

[Ashley Roybal]

Panicked.

[Detective]

He sounded like he was in trouble.

[Ashley Roybal]

Yeah, just come get me, he said.

[Colleen Witt]

According to Ashley, Nick said he was near Stephen Ortiz's house. So Ashley drove there, but when she arrived, she knew something was wrong. Nick looked disheveled, and he had a trash bag covering his shoes.

[Detective]

Now, when you picked him up, he.

[Ashley Roybal]

Had butt all over his pants, and he's all up and up. That's when he told me that he had used a pickaxe. He told me that he got Lloyd first and then Stephen in the kitchen, then Dixie in the bedroom.

[Colleen Witt]

You heard that, right? Ashley says Nick admitted to killing Lloyd, Dixie, and Steven Ortiz.

[Detective]

Did he ever give an explanation why it happened?

[Ashley Roybal]

Well, he told me his intentions were going to rob them.

[Colleen Witt]

Ashley said Nick knew Lloyd had cash and a marijuana grow at the house because he had spent so much time there. But instead of robbing them, Nick killed all three and then left without any money or drugs. And then, according to Ashley, he threatened her and told her she better keep quiet. And we've talked to Nick a couple.

[Pastor John Trujillo]

Times already, but if he decides to.

[Colleen Witt]

Give it up and starts naming a bunch of other names, we need to know if you're gonna come up.

[Ashley Roybal]

I mean, I did pick him up that night, but that's all I did.

[Colleen Witt]

So, as you can imagine, the detectives wondered why Ashley finally decided to break her silence. They spent the next few days looking into Ashley's story. And when they reviewed Nick Ortiz's cell phone records from the night of the murders, something stood out. So they brought Ashley back for more questioning.

[Detective]

There's a lot more that you're not.

[Nick Ortiz]

Telling us, I guess.

[Detective]

There's a lot more involvement from some different people. And that's what we need to clarify.

[Colleen Witt]

After combing Nick's cell phone records from that night, they learned a third person was involved. So who else was there that night?

[Ashley Roybal]

Jose.

[Colleen Witt]

Ashley said this mysterious third person was Jose.

[Detective]

So why protect Jose?

[Colleen Witt]

Ashley said she was protecting Jose because he is her cousin. At the time of the murders, Jose roybal was just 15 years old. And omitting this information upset detectives.

[Detective]

I don't want to call the district attorney and say she gave us a lot of good information, but for some reason, she withheld this from us. We don't need that.

[Colleen Witt]

And that's when Ashley changed her story and admitted that her cousin Jose was also there that night. Reporter Alex Tomlin covered this story.

[Reporter Alex Tomlin]

So Ashley tells the police that they concoct this plan to go over and steal money and marijuana and that Nicholas knows the house, he knows the family. He's going to be in and out, right? She drops the two guys, Jose and Nick, off at the family's house. The way the story goes from there is Jose kind of backs out, doesn't want any part of it, but Nicholas decides to go ahead and go in. And he goes in, he commits the crimes, and he calls to get picked up, and she picks him up. He's obviously disheveled. I'm sure he's extremely covered in blood after this horrific crime. And he's thrown the pickaxe, which was later found in the field. Ashley Roy Ball gives him a place to stay, cleans him up, all that, and really, they all kept quiet.

[Colleen Witt]

The police then questioned Jose Roybal, and Jose said Ashley's story was not true. He claims it was Ashley who came up with the idea to go in and murder the Ortiz's.

[Reporter Alex Tomlin]

She supposedly gives them socks to cover their hands, trash bags to cover their feet.

[Colleen Witt]

Not only that, but Jose said Ashley left out another key detail. She's the one who provided the murder weapon, her grandfather's pickaxe. All of it left investigators wondering who and what to believe.

[Reporter Alex Tomlin]

There's things that kind of don't match up. There's shifting stories, and then, of course, there's always the element that, again, she was facing her own criminal charges on other things. So with Ashley and Jose, the question always remains, what part did they really play?

[Colleen Witt]

Although the cousins disagreed on some major details, they both told investigators that the murderer was Nick Ortiz.

[Reporter Alex Tomlin]

It also just seemed so random. It was almost like the answer everyone had been waiting for, that surely someone must have broken in for something. And done this. But at the same time, it's been several years, nobody had heard anything. All of a sudden it comes forward that it's these teenagers. And not only is it teenagers, it's teenagers who had been welcomed with open arms into this family. And that was even more of a blow, you know. But it started to make sense that. Well, yeah, cause he knew the house, he knew how they were, he knew that he could get in. And supposedly that they had this cash.

[Colleen Witt]

Nick was living with the Ortiz's. But then just two weeks before the murders, Nick had a falling out with them and Lloyd kicked Nick out. But were things so bad that Nick returned to kill them?

[Reporter Alex Tomlin]

The only thing that adds up to me is thinking about it in the mindset of a teenager. Quick cash, some pot, it's gonna be easy. And it just, you know. But yeah, I mean like as an adult sitting here. What? Like everything about this is so ridiculous.

[Colleen Witt]

The detectives have to figure out who's telling the truth, Ashley or Jose Roybalt. And they figured the best way to do that was to question Nick Ortiz.

[Ashley Roybal]

Where'd you get those shoes?

[Colleen Witt]

Easy.

[Ashley Roybal]

They're from dsw. Because DSW has the exact right shoes for whatever you're into right now. You know, like the sneakers that make office hours feel like happy hour, the boots that turn grocery aisles into runways, and all the styles that show off the any sides of you from daydreamer to multitasker and everything in between. Because you do it all in really great shoes. Find a shoe for every you at your DSW store or dsw.com this holiday season.

[State Farm Representative]

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[Colleen Witt]

Ashley Roybal is talking to New Mexico State police. That's because the town of El Rancho where the murder of Lloyd Dixie and Stephen Ortiz happened, doesn't have their own police force, so the state police had to get involved. According to Ashley, she said her ex boyfriend Nick Ortiz killed Lloyd Dixie and Stephen Ortiz. Keep in mind that Nick shares the same last name of the victims, but they aren't related. But Ashley's cousin Jose says Ashley is the one who came up with the idea to murder the Ortiz's. He says she even provided the pickaxe. Ashley refuted this. She claimed she was simply the getaway driver. That night, despite their differences, both cousins accused Nick Ortiz of actually carrying out the murders. And in another crazy twist, the state police heard a third version of what happened when they questioned Nick Ortiz.

[Detective]

Your name has come up quite a bit and we're talking in reference to the Ortiz homicide which happened a little over two years ago in 2011. And I know we had talked to you a few times about it, you know, so I'm hoping that you can run me by pretty much what happened.

[Colleen Witt]

So Nick agreed that he was with Jose Roybal the day before the murders.

[Nick Ortiz]

Me and him have just been hanging out, just normal stuff, drinking a little bit, getting high.

[Colleen Witt]

But Nick said he was back home with his parents by 10pm that night.

[Detective]

And then what'd you do after 10pm?

[Nick Ortiz]

I watched a few movies. I woke my dad up around 12 one in the morning and tell him happy Father's Day. After that I went to sleep.

[Colleen Witt]

It's not easy to make out what Nick is saying, but he told investigators that after watching a few movies, he woke up his dad around 12 or 1am to wish him a happy Father's Day. And then Nick said he went back to sleep.

[Detective]

But I have evidence that shows that you're lying to me. I have phone records that prove that you were at a certain place after 10pm and it wasn't home. I've talked to Jose recently and I know that you guys were together after 10pm I know he didn't drive you home at that time. And if he did, you guys left again later.

[Nick Ortiz]

I don't know. Maybe I was with him and Ashley. I don't know.

[Detective]

I know you were with them.

[Nick Ortiz]

Yeah.

[Detective]

Because you wanna know something that's really interesting? Her phone shows the same spot. You want to know where that place is at?

[Nick Ortiz]

Where?

[Detective]

That's Ortiz residence.

[Cindy Crawford]

Okay.

[Detective]

You were there that night.

[Nick Ortiz]

I. I'm gonna be honest with you. And this is. This is really the only thing I can remember.

[Detective]

Okay.

[Nick Ortiz]

We had broken into their house and stole a gun.

[Detective]

You said this was At Steven's house, right?

[Nick Ortiz]

Yeah.

[Detective]

How'd you guys get into the house?

[Nick Ortiz]

There was a bathroom window that was open. Climbed into there.

[Pastor John Trujillo]

Okay.

[Nick Ortiz]

And honestly, that's the only thing I could remember that. That might have happened around there that time.

[Colleen Witt]

So Nick admitted to breaking into the Ortiz's house and stealing a gun, but he didn't admit to the murders.

[Detective]

I know you guys did some stuff after that. We've talked to all these people, Nick. We've done so much work. It's been two years.

[Nick Ortiz]

Yeah.

[Detective]

These people have finally decided to say, I don't want to lie to you guys anymore. This is what happened. So why are these people putting themselves at or around the Ortiz residence and saying they were with you? Why would they throw themselves under the bus? I don't know. This doesn't look good for you, Nick.

[Nick Ortiz]

I just. I mean, I want this to be over as much as you guys do. Believe me, I do. I'm tired of having to look over my shoulder. I know you guys follow me. I'm not dumb. I see you guys every now and then, and I'm just. I'm tired of it. I just want it to be over.

[Colleen Witt]

After 90 minutes of back and forth, investigators finally had Nick cornered. But they weren't expecting what he said next.

[Nick Ortiz]

With all due respect to you guys and all that, I really like to just stop talking and go home now.

[Pastor John Trujillo]

Nicholas, when he was in church, really never told us a whole lot about any of this.

[Colleen Witt]

John Trujillo was the pastor at Nick's church.

[Pastor John Trujillo]

At one point, Nicholas did. Nicholas came and says, it feels like something's unraveling or coming down the pipe and I just need some prayer. And I said, well, what's going on? What did you do? What happened? He says, well, I can't say anything right now, but can you at least. Can you just pray for me? And you could see that he was very troubled. So we prayed with him. I kind of had my suspicions that this was because of the murders, because, you know, just how distraught he was and how nervous he was and how scared he was. That was a different type of scare. It wasn't like a scare you were going to get in trouble for wrecking the car or for getting a speeding ticket. This was a deep rooted fear that I saw in him.

[Colleen Witt]

In small towns like El Rancho, everybody knew one another. And if someone was in trouble, it was public knowledge.

[Pastor John Trujillo]

So at that point, I'm like, okay, now it's starting to make sense. Now I can understand that deep, deep, deep fear that Nicholas was Dealing with. Because all this was starting to come undone.

[Colleen Witt]

In February 2015, almost four years after the murders, police finally put a warrant out for Nick Ortiz arrest. Cherie and Jesse Ortiz, who earlier were thought to be suspects, were stunned.

[Pastor John Trujillo]

They were in shock, almost disbelief. He stayed with them. You know, he was part of their family. He's part of the church family. We couldn't believe it. I was like, the Nicholas that's helping out, the Nicholas that's here every night, the Nicholas, like, huh. I never saw that coming at all.

[Colleen Witt]

Nick Ortiz was charged with three counts of first degree murder.

[Pastor John Trujillo]

Some people were in such disbelief, they're wrong. He didn't do it. He didn't do it. Then you had those that were saying, finally they caught the killer. I knew it was him. I knew it was him.

[Colleen Witt]

With a small town divided, Nick Ortiz's trial kicked off in the summer of 2016.

[Aldous Hodge]

My name is Dan Marlow. I was hired by Nicholas Ortiz's mother and father to represent him on the charges of murder.

[Colleen Witt]

The trial was held in Santa Fe, New Mexico, about 25 miles from the murder scene.

[Aldous Hodge]

I've done a lot and a lot of trials. I try not to overreact to anything, to just be neutral and fair and even keeled. But, you know, I have to say I was uncomfortable, you know, with the large contingent of people from El Rancho.

[Colleen Witt]

The El Rancho group was made up of friends and neighbors of the victims who wanted to see Nick Ortiz locked up for life.

[Aldous Hodge]

I was concerned that there was going to be some kind of physical confrontation out in the front of the courthouse between the Ortiz family and the group from El Rancho. So there was some sparks there, definitely.

[Colleen Witt]

It took the police nearly four years to charge Nick Ortiz, and his lawyer thought the case against him was weak.

[Aldous Hodge]

The defendant in this case had a real tight relationship with the Ortiz family. He was almost like one of their children. You know, he loved both of them, both Dixie and Lloyd, and got along really well with him.

[Colleen Witt]

At the time of the murders, Nick Ortiz was just 16 years old. A scroll through his social media account showed a teenager who took a lot of shirtless selfies and posted motivational quotes like, your future is created by what you do today, not tomorrow. But the thing that stood out the most in the courtroom was that Nick stood just five feet, five inches tall. Was he capable of pickaxing three people to death?

[Aldous Hodge]

I wasn't the kind of person that would do something like this, in my perception. And I believe that he did not do it. I believe that he may. He may have had Something to do with planning it or saying, yeah, let's go in and get this money. But he did not want anything to do with the physicality of killing these people.

[Colleen Witt]

At the trial, jurors heard from two witnesses testifying that they heard Nick admit to the murders. But one of those witnesses was incarcerated at the time of the trial. Sheree's son Robert also testified. He said he was friends with Nick Ortiz and that Nick joined the family on trips. They were generous to him. Nick even lived at their house for a few months while he was having problems at home. But things changed just two weeks before the murders. Lloyd caught Nick trying to steal from them and kicked him out. As heartbreaking as it is to hear Roberts testimony against Nick, the prosecution's two key witnesses were cousins, Ashley and Jose Roy.

[Aldous Hodge]

Both of those individuals were cousins and Jose knew Nicholas. They were. They were bros, so to speak. Considered themselves to be gang members, although there was no gang that they were really associated with.

[Colleen Witt]

Ashley testified that the plan was to rob the Ortiz of money and marijuana and that she was simply the getaway driver. But her cousin Jose disagreed. He said it was Ashley who came up with the idea of murdering the Ortiz's. Although their stories differed, they did agree on one thing.

[Aldous Hodge]

Both he and Ashley said that Nicholas was the one that did it. And Jose and Ashley's story did not match in any way during the planning, after the commission of the crime. All of that which showed me that there were some problems there. There was conflicts in the testimony.

[Colleen Witt]

Aside from their stories not matching up, the defense claimed both witnesses had some real credibility issues. Ashley was in her mid-20s and already had three prior felony convictions when she was facing new charges. That's when she decided to cooperate with the police and name New Nick as the killer. The defense pointed out how prosecutors offered Ashley some leniency in exchange for testimony.

[Aldous Hodge]

And she and Jose were real tight. They were first cousins. They had every reason to put the blame on Nicholas in order to get out of it. Huge motive.

[Colleen Witt]

Jose Roybal was just 15 years old at the time of the murders. And in exchange for his testimony, he received immunity.

[Aldous Hodge]

Of course, I'm a naturally suspicious person because I'm a defense lawyer, but these are the kind of things that I look at. It didn't sit right with me.

[Colleen Witt]

The defense argued that there was no physical evidence linking Nick Ortiz to the murders.

[Aldous Hodge]

There was nothing. There was no DNA, no fingerprints, nothing.

[Colleen Witt]

Nick Ortiz did not take the stand in his own defense, but his parents did. They testified that on the evening before father's day. They all had dinner together and then watched movies. Nick's father said he was in bed just after midnight when Nick came into his bedroom to wish him a happy Father's Day. His mother had even more to say. She said she saw Nick sleeping on the couch when she returned home from work the next morning.

[Aldous Hodge]

Basically, they saw him earlier that evening, and then they didn't see him for a while. Then he was there the next morning.

[Colleen Witt]

But even though the intention was to help their son, they did him no favors when they shared this. They said Nick never stayed at Sheree's house. The only time he spent any extended period away from home was with a relative. The defense then shifted back to the murder victim's daughter, Cherie Ortiz.

[Aldous Hodge]

Cherie was always complaining about not having any money. Always, you know, whining about it and. And her conflict with Lloyd and the fact that she needed money and was willing to do anything to get money. That's why I suspected that she was part of it. And I still do suspect that, and I probably always will.

[Colleen Witt]

The case went to the jury on the Thursday before Memorial Day. By the following Wednesday, a week later, the jury remained hopelessly deadlocked. Just eight of the 12 jurors voted to convict Nick, which resulted in a.

[Aldous Hodge]

Hung jury, which means a hung jury is a mistrial. Then you just retry the case again.

[Colleen Witt]

Six months would pass before Nick Ortiz's retrial.

[Ashley Roybal]

Where'd you get those shoes?

[Colleen Witt]

Easy.

[Ashley Roybal]

They're from dsw. Because DSW has the exact right shoes for whatever you're into right now. You know, like the sneakers that make office hours feel like happy hour, the boots that turn grocery aisles into runways, and all the styles that show off the many sides of you, from daydreamer to multitasker and everything in between. Because you do it all in really great shoes. Find a shoe for every you at your DSW store or DSW.com this holiday season.

[State Farm Representative]

Skip the crew socks and ugly sweaters. Shop for Lenovo holiday sale and gift the gamer on your list with the PC they really want. With deals this great, you may end up buying yourself one, too. With new Intel Core i9 processors, they'll be able to go beyond performance in game without compromise. Gaming happens with intel. Head to lenovo.com now.

[Cindy Crawford]

Hi, I'm Cindy Crawford, and I'm the founder of Meaningful Beauty. Well, I don't know about you, but, like, I never liked being told, oh, wow, you look so good for your age. Like, why even bother saying that? Why don't you just say you look great at any age, every age. That's what Meaningful Beauty is all about. We create products that make you feel confident in your skin at the age you are now. Meaningful beauty, beautiful skin at every age. Learn [e-mail].

[Colleen Witt]

It took nearly four years for the police to charge Nick Ortiz with murdering Lloyd Dixie and Stephen Ortiz. And after a hung jury in his first trial, he was retried just after Thanksgiving 2016. Prosecutors painted Nick as a cold blooded teenage killer. But the defense claimed that Nick had been set up and the real killer was Jose Roy Ball. Dan Marlow was Nick's lawyer.

[Aldous Hodge]

I believe that Jose was hired to do this killing and I think somebody else came in there and cleaned the scene up completely so that there was no prints, there was no DNA. It just was not what you would think would happen in a scene like that.

[Colleen Witt]

Although Jose Roybal freely admitted that he was at the scene that night, he was never charged in the Ortiz and received immunity in exchange for his testimony against Nick.

[Aldous Hodge]

He never spent a day in jail on this, not even an hour. He wasn't even a suspect.

[Colleen Witt]

So the defense lawyer told jurors that Jose walked around free as a bird with blood on his hands.

[Aldous Hodge]

There's no way around that, in my opinion. Who knows what a jury's going to do?

[Colleen Witt]

Nobody this time. The jury deliberated for two days and then returned with a verdict on the three counts of first degree murder. They found Nick Ortiz guilty. Nick buried his head in his hands as his family members inside the courtroom burst into tears. Then things got ugly. Nick was handcuffed and ushered out of the courtroom. His mother shouted profanities at prosecutors and vowed to appeal. The prosecutors didn't say a word and just exited the courthouse. For Cherie Ortiz, the nightmare for her and her family was finally over. Or was it? About nine months later, a district judge reversed Nick Ortiz's conviction. In front of a packed courtroom, the judge said there had been a fundamental error with the jury instructions in the second trial. The courtroom was stunned. Nick Ortiz's family erupted in excitement and hugged one another. Even Nick's lawyer was surprised by the judge's decision.

[Aldous Hodge]

It was highly, highly unusual.

[Colleen Witt]

Cherie Ortiz quickly exited without speaking to reporters. And the judge never elaborated on what was the fundamental error in the jury instructions. He also ordered that Nick be tried a third time. But then, in 2019, two years later and eight years after the murders, the New Mexico State Supreme Court struck down the ruling and upheld Nick's conviction. And here the decision came down to a technicality. Nick's legal team didn't file his appeal within the 10 days from the time of his conviction. Whether you believe Nick is guilty or not, it seems crazy that a lack of paperwork is what resulted in him getting a conviction. Defense lawyer Dan Marlow agrees. He called the decision disgusting and cowardly.

[Aldous Hodge]

Just bothered me a lot.

[Colleen Witt]

As for Nick's former girlfriend, Ashley Roybal, she was charged with conspiracy to commit aggravated burglary with a deadly weapon and tampering with evidence. As part of her plea deal with prosecutors, she'll serve no more than ten and a half years in prison. Meanwhile, Nick Ortiz faced up to 93 years behind bars. His lawyer argued that Nick needed rehabilitation services like therapy and probation, not prison time. The judge disagreed and sentenced Nick to 25 years for each count of first degree murder. But Nick caught a break here because the judge allowed Nick to serve those sentences concurrently.

[Reporter Alex Tomlin]

He is given 25 years, and in New Mexico, he will earn good time.

[Colleen Witt]

TV reporter Alex Tomlin covered the story.

[Reporter Alex Tomlin]

So he will not spend most likely those 25 years in prison. He will be out before that.

[Colleen Witt]

New Mexico's state law mandates Nick Ortiz to serve at least 85% of his 25 year sentence. With good behavior, he could be eligible for parole sometime around the year 2036, when Nick will be in his early 40s.

[Reporter Alex Tomlin]

New Mexico has some interesting sentencing laws.

[Colleen Witt]

Cherie Ortiz called the sentence a slap in the face to her family and the New Mexico justice system. She placed the blame squarely on the shoulders of the judge and said she believes the New Mexico justice system is broken.

[Reporter Alex Tomlin]

If you're part of the Ortiz family, it's never going to be, oh, this is Cherie and her husband. It's always going to be, oh, yeah, your parents were murdered. Oh, yeah, your brother was pickaxed to death. You know, it's always gonna follow them and it's gonna almost kind of be like a scarlet letter.

[Colleen Witt]

Today, Cherie Ortiz and her family still live on the property where her parents and brother were slaughtered.

[Reporter Alex Tomlin]

And I hope for her she's found some peace and that that mourning doesn't haunt her.

[Colleen Witt]

While Ashley Roybal and Nick Ortiz received time in prison, Jose Roybal got off. And listen to this. In 2019, Cherie Ortiz told a local newspaper that Jose had even asked to collect a reward for helping to solve the murders.

[Pastor John Trujillo]

It becomes almost every man for themselves. And that's kind of what happened in this case, every man for themselves.

[Colleen Witt]

Pastor John Trujillo continues to pray for Cherie Ortiz and the community.

[Pastor John Trujillo]

They're a very loved family in our community. The church backs him. The community backs him. Cherie's recently become a grandma. That helps with the healing process. It does. But this will always be there. It'll never, ever go away. It's hard enough to lose a family member to death, but to lose three through murder? That's a tough one.

[Colleen Witt]

Yes, it is. So as you can imagine, the Father's Day holiday continues to be a painful reminder in El Rancho of the grisly murders of 2011.

[Pastor John Trujillo]

This will always stay in our hearts and in our mindset that on Father's Day this horrific crime took place. But it didn't have to end this way. It didn't. If it was a burglary that even went wrong, run. But to end the lives of three innocent people like this makes no sense at all. I've been pastoring this community for 20 years. We've never experienced or seen anything like this. And I pray we never, ever do again.

[Colleen Witt]

Next time on American Homicide. A young woman goes missing on the eve of her 21st birthday. After her body turns up, the search for the killer leads detectives to one of the most unlikely places. A church. I'm Sloan Glass. We'll be in Albuquerque, New Mexico. See you next week. You can contact the American Homicide team by emailing [e-mail] that's AmericanHomicidePodmail.com American Homicide is hosted and written by me, Sloan Glass and is a production of Glass Podcasts, a division of Glass Entertainment Group in partnership with iHeart Podcasts. The show is executive produced by Nancy Glass and Todd Ganz. The series is also written and produced by Todd Ganz with additional writing by Ben Federman and Andrea Gunning. Our associate producer is Kristin Melchiori. Our I Heart team is Ali Perry and Jessica Kreinchak. Audio editing and mixing by Matt D'Alvecchio. Additional editing support from Nicaruka Tanner Robbins, Britt Robicheaux, Dave Saya and Patrick Walsh. American Homicide's theme song was composed by Oliver Baines of Noiser Music Library, provided by Mib Music. Follow American Homicide on Apple Podcasts and please rate and review American Homicide. Your five star review goes a long way towards helping others find this show. For more podcasts from iHeart, visit the iHeartRadio app, Apple Podcasts or wherever you get your podcasts.

[Detective Alex Cross]

Now streaming on Prime Video. You can call me Detective Alex Cross. Based on characters created by James Patterson. We have to catch this serial killer.

[Aldous Hodge]

I don't.

[Detective Alex Cross]

For fun and created by Ben Watkins. Ms. Kevin thinks he's the smartest guy in the room. Aldis Hodge is DC's funnest. Alex Cross. If we don't find him soon, we may never have another chance.

[Colleen Witt]

Clock's ticking.

[Detective Alex Cross]

You think you can stop him? I know I can. Cuz I know him better than he knows himself. Cross A new original series only on Prime Video. Watch now.

[State Farm Representative]

This holiday season, skip the crew socks and ugly sweaters. Shop for Lenovo holiday sale and gift the gamer on your list with the PC they really want. With deals this great, you may end up buying yourself one too. With new Intel Core i9 processors, they'll be able to go beyond performance in game without compromise. Gaming happens with intel. Head to lenovo.com now.

[Pastor John Trujillo]

You wake up, put on your Ray Ban Meta glasses. You're living all in. You realize you need coffee so you say hey Meta.

[Cindy Crawford]

How do I make a latte brew.

[Pastor John Trujillo]

Two shots of espresso? After Meta AI gets you caffeinated, you're ready for some beats.

[Colleen Witt]

Hey Meta.

[Cindy Crawford]

Play hip hop music.

[Pastor John Trujillo]

You head to meet some friends but can't remember the place.

[Cindy Crawford]

Hey Meta.

[Pastor John Trujillo]

Call Eva Ray Ban Meta glasses.

[Detective Alex Cross]

The next generation of AI glasses.

[Pastor John Trujillo]

Just say hey Meta. To harness the power of Meta AI, shop now at meta.com smartglasses.