Jury deadlocks on voluntary manslaughter charge for Taos woman accused in fatal stabbing

A jury trial in 8th Judicial District Court ended in a not guilty verdict for second-degree homicide but deadlocked as to a lesser charge of voluntary manslaughter for Josie Ortega, who’s accused of fatally stabbing her partner, Victor Segura, in front of their children in 2021.

Ortega was charged with second-degree homicide, two counts of child abuse and one count of tampering with evidence, all third-degree felonies. She also faced a misdemeanor from threatened battery against a police officer. Judge Jeffrey Shannon granted the state’s motion to include voluntary manslaughter, a third-degree felony, on Friday (Dec. 13).

The 12-person jury returned with a “not guilty” verdict for second-degree homicide, but were split 50–50 on voluntary manslaughter. A verdict could not be reached on child abuse, which hinges on her being found guilty of either.

According to court records, Ortega and Segura were arguing in their apartment the night of March 21, 2021. When Ortega tried to exit, Segura allegedly blocked her path, called her a sexually derogatory name and burnt her face with a lit cigarette. Police say Ortega then stabbed him with a kitchen knife in view of their children before dragging his body to her car to transport him to Holy Cross Medical Center.

During closing arguments Monday (Dec. 16), state prosecutors Lucas Helper and Cosme Ripol argued Ortega’s act had been one of “killer’s remorse.”

“You heard from ... the defendant’s son,” Helper said, referencing recordings of the childrens' statements to police. “He said Victor and Josie were both drinking, both fighting, both hitting each other and calling each other names. But Josie was the only one with the weapon, the one with the knife in her hand. Even as ... said, after she was burned, she stabbed him in the heart. Was there any mention or inference of self-defense by the children, by Miss Ortega? No.”

Public defense attorney Aleksandar Kostich re-argued Ortega had acted in self-defense and cited issues with both crime scene preservation and evidence investigation.

“If she wasn’t using self-defense, if she just killed him because she was in the words of Mr. Helper, ‘tired with him,’” Kostich said, “then why would she be in that panic mode to get him medical assistance?”

He added, “The sergeant himself requested that child witnesses go and retrieve potential evidence from inside a scene where there’s not supposed to be anyone anymore. This again, is not distractions. This isn’t any of that. This is what you need to have to ensure that someone is given fairness in the system — a full and fair investigation, not making decisions for oneself, if you’re a law enforcement officer, of how you do it.”

Judge Shannon said “something else came up." During closing arguments Dec. 16, Judge Emilio Chavez received an email from former Taos Police Detective Elise Iringan, who oversaw the crime scene investigation. The email was addressed to Ripol and Helper, who she claimed had never contacted her to testify.

Taos Police evidence technician Javelle Holland testified Iringan hadn't worn gloves while handling evidence, used her phone’s flashlight instead of headlamps and pulled the knife from Ortega’s vehicle without anyone observing where it was. She also showed supposed photos of such during the trial.

Iringan’s email read, in part:

"Good morning, I am former Taos Police Detective Elise Iringan. I am contacting the 8th Judicial District Office because I have two concerns I’d like to address regarding the Josie Ortega trial. First and foremost, I was never contacted to provide testimony in this matter. I would like to note the dates, times, and methods used to attempt to contact me. I’m concerned because I have communicated with the 8th Judicial District Attorney’s Office and this is my email address."

Judge Shannon said because the email was sent during closing arguments, he presumed Ripol and Helper hadn't had a chance to review it.

“Now, my understanding, from most transcribing in this case, is that the state didn’t know how to contact Ms. Iringan,” Judge Shannon said. “Mr. Ripol and Mr. Helper, I seem to recall you seeming to think she’s in Washington, but that’s all we know or something to that effect. That would’ve been six or eight months ago … Was the state aware or have her email address as Ms. Iringan has asserted?”

Ripol replied, “I’m not aware we had her latest and greatest, or this email address.” 

“I’m not aware we had this email address either,” Helper said.

Kostich denied reaching out to Iringan. The email was entered as a non-evidentiary court exhibit in the case, not for jury review.

Iringan also commented on a story published to the Taos News website Tuesday (Dec. 17). On Dec. 18, at 8:53 a.m., she wrote: "Javelle Holland is a liar. Shame on the DA’s office for not contacting me to testify in this case."

At 10:37 a.m., Holland responded: "Former Detective Elise Irignan, everything that I testified to was based off of the Axon body worn camera footage that you and I both had on. I did not lie about anything while giving my testimony. Best wishes."

It’s uncertain whether prosecutors will ask for a retrial, but for the time being, Ortega will remain on conditional release.