Jurors find Albuquerque man guilty of three counts of second-degree murder in 2023 triple homicide

Yahoo

01-05-2025

Apr. 30—Prosecutors told jurors Wednesday that Thomas Clark fatally shot three people with the intention of stealing a car containing at least $90,000 worth of fentanyl.
Clark, 34, testifying in his own defense this week, told jurors that he fired the fatal shots in self-defense because a group of drug dealers had planned to kill him and dispose of his body on the West Mesa.
Jurors on Wednesday found Clark guilty of three counts of second-degree murder in the Aug. 31, 2023, shooting deaths of Jonathan McGaughy, 31, Genea Oliver, 35, and Randy Lovett, 40.
But jurors rejected the more serious charges of first-degree murder in each of the three killings. Jurors deliberated for two hours following an eight-day trial in 2nd Judicial District Court before Judge Clara Moran.
Clark faces up to 60 years in prison at sentencing. That hearing has not been scheduled.
Clark's attorney, John McCall, said in closing arguments Wednesday that a group of "big money" drug dealers had accused Clark of stealing and were openly discussing plans to kill him.
McGaughy was a major drug dealer, McCall argued, who moved 30,000 fentanyl pills a week and had a large number of people working for him.
"This is a drug dealer, a serious drug dealer," McCall said of McGaughy. "These are the people around him, the people who will kill people who steal from them because it's bad for business. Thomas Clark was not in that circle of trust."
McGaughy had summoned at least a half-dozen of his people to a parking lot in Southeast Albuquerque at 4:20 a.m., which McCall described as "an attempted kidnapping and murder" of Clark.
"Everybody is talking about killing him," McCall told jurors. Clark "was exercising self-defense and he did understand that his life was in danger."
Clark and others testified during the trial that Clark was in the back seat of a Mitsubishi Gallant at about 4:30 a.m. when gunfire erupted.
Prosecutors relied on ShotSpotter gunshot detection recordings to argue that Clark fired nine gunshots in less than six seconds with a 9mm handgun.
"This case starts and ends in less than six seconds," Assistant District Attorney Christine Jablonsky told jurors on Wednesday. "Less than six seconds ended the lives of three human beings."
Albuquerque police found the three victims lying close to the Mitsubishi in a parking lot outside an apartment building in the 300 block of Rhode Island SE.
Jablonsky rejected Clark's self-defense argument and suggested that he may have intended to steal 30,000 fentanyl pills located in the trunk of the car. She estimated the value of the pills at between $90,000 and $300,000 depending on their sale price.
"It seems as though he was climbing into that front seat in order to take the car," Jablonsky told jurors.
Prosecutors also argued that Clark had been smoking fentanyl and was "freaking out" when he opened fire, which Clark and his attorneys denied.
Nine 9mm shell casings were found inside the car, Jablonsky said.
"We know he fired nine times within the confines of that car," she said. "He shot until there were no more bullets left in that gun. He ran out of ammo."
Testifying in his own defense Tuesday, Clark said he overheard people he knew as dangerous drug dealers discussing plans to kill him and leave his body at Nine Mile Hill, west of Albuquerque.
"I was in fear for my life, and by their discussion, I knew that I was going to die that night," Clark told jurors.
Clark testified that he was confined to the back seat of a Mitsubishi when he overheard several people accuse him of stealing from the group and urge McGaughy to kill Clark.
Clark said he heard Oliver say, "We'll take this fool out to Nine Mile Hill before we go to the casino." The group planned to go to Route 66 Casino after disposing of Clark's body, he told jurors.