AP NEWS

High court upholds murder conviction for Albuquerque man

December 23, 2019 GMT

SANTA FE, N.M. (AP) — An Albuquerque man’s convictions in the beating and fatal stabbing of his ex-wife’s husband will stand.

Terry White is serving life in prison plus 12 years for the December 2016 death of Don Fluitt. Fluitt’s body was found in the garage of his northwest Albuquerque home amid a custody battle with his ex-wife over his then-11-year-old daughter.

White’s attorneys had argued the evidence wasn’t sufficient to convict White of first-degree murder, aggravated burglary and tampering with evidence.

The state Supreme Court disagreed in a ruling Monday, saying the evidence was overwhelming.

The justices also said the trial court properly allowed testimony from a Navajo County, Arizona, sheriff’s deputy who said he believed White was attempting to commit suicide at a truck stop in Holbrook, Arizona.

The deputy approached White after seeing a blue hose leading from the exhaust inside White’s vehicle and towels stuffed in the windows. The deputy took White into custody when he discovered White had a warrant for his arrest.

White’s attorney argued the deputy’s testimony was speculative, but the high court said the jury reasonably could have inferred that White was attempting suicide.

White was charged in Fluitt’s death after his DNA was found under Fluitt’s fingernails.