U.S. Attorney's Office for the District of New Mexico Announces Intent to Seek Death Penalty Against Zachary Babitz

ALBUQUERQUE – On October 22, 2025, the United States Attorney’s Office for the District of New Mexico filed a Notice of Intent to seek the death penalty against Zachary Babitz.

Babitz, 39, is charged in a 13-count Indictment as follows:

• Count 1 – Interference with Commerce by Robbery (July 30, 2024)
• Count 2 – Using and Carrying a Firearm During and in Relation to a Crime of Violence, and Possessing a Firearm in Furtherance of Such Crime (July 30, 2024)
• Count 3 – Bank Robbery (July 31, 2024)
• Count 4 – Interference with Commerce by Robbery (August 3, 2024)
• Count 5 – Using, Carrying, and Brandishing a Firearm During and in Relation to a Crime of Violence, and Possessing and Brandishing a Firearm in Furtherance of Such Crime (August 3, 2024)
• Count 6 – Carjacking Resulting in Death (August 6, 2024)
• Count 7 – Using and Carrying a Firearm During and in Relation to a Crime of Violence, and Possessing a Firearm in Furtherance of Such Crime, Discharging Said Firearm, and Causing Death Through Use and Possession of a Firearm (August 6, 2024)
• Count 8 – Carjacking (August 9, 2024)
• Count 9 – Interference with Commerce by Robbery (August 10, 2024)
• Count 10 – Using, Carrying, and Brandishing a Firearm During and in Relation to a Crime of Violence, and Possessing and Brandishing a Firearm in Furtherance of Such Crime (August 10, 2024)
• Count 11 – Carjacking (August 10, 2024)
• Count 12 – Using, Carrying, and Brandishing a Firearm During and in Relation to a Crime of Violence, and Possessing and Brandishing a Firearm in Furtherance of Such Crime (August 10, 2024)
• Count 13 – Felon in Possession of a Firearm (July 30, 2024 – August 10, 2024)

The maximum penalty for Counts 6 and 7 is death, and Attorney General Bondi has authorized and directed the United States Attorney for the District of New Mexico to pursue capital punishment in this case. Consistent with that authorization, the U.S. Attorney filed a notice of intent to seek the death penalty against Babitz.

U.S. Attorney Ryan Ellison and Brendan Iber, Special Agent in Charge of the Phoenix Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives, made the announcement today.

The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated this case with assistance from the Santa Fe Police Department, Albuquerque Police Department and Las Cruces Police Department. Assistant United States Attorneys Maria Elena Stiteler and Natasha Moghadam are prosecuting the case.

An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.