ALBUQUERQUE, N.M. – There’s an update on one of the five people accused in a 2022 murder case.

Albuquerque police say it was a case of mistaken identity when five teens: Ty Gallegos, Estevan Lucero, Caprice Sicilia, Diamond Salazar, and Adam Sedillo shot up a car at a Maverik gas station – killing a mother.

“It’s a shame because not only did they take her life and destroy our lives, but they destroyed theirs and their families,” said Gracie Gonzalez, mother to Kayla Montaño. “And I actually feel for those parents, but at least they get to visit their kids, while I no longer get that luxury.”

It’s been almost two years since that day. Now, one of the suspects, Diamond Salazar, is trying to get statements from the other teens thrown out.

Gonzalez says the court needs to hold all of them accountable.

“If we allow this motion to go through that co-defendants can’t testify against each other, then it’s like letting all these adolescents know that it’s OK you will get away with murder,” said Gonzalez.

Gonzalez is speaking up after one of the suspects accused of killing her daughter filed a motion to get statements from her co-defendants dismissed.

In March 2022, Kayla Montaño and her family were at a Maverik gas station off Comanche and I-25 when Albuquerque police say a group of teens opened fire, killing her and hurting her fiancé.

Salazar was 19 at the time of Montaño’s murder. The four other suspects in the case were minors.

“I’m afraid that that means that she might get away with it. I mean, there is surveillance video from Maverick that clearly shows her there, but without the statements of the people, especially Caprice, saying that she did point out my daughter’s vehicle as the one that supposedly was involved with them earlier,” said Gonzalez.  

APD says it was a case of mistaken identity. 

Court documents show Salazar’s phone had been stolen earlier that night. As the teens tracked the phone, police say Salazar mistakenly identified a black SUV as the same vehicle involved in the robbery.

“If Diamond had not pointed out that Kayla’s Suburban was the vehicle involved with them earlier, then none of this would have happened. My daughter would still be alive,” Gonzalez said. 

Gonzalez feels this latest motion, is just another obstacle in the way of getting justice for her daughter.

“Two years since my girl was taken from us. Two years that we haven’t gotten answers because even though, yes, they are behind bars, we still don’t actually have the full story,” said Gonzalez. 

Gonzalez says she hopes this motion doesn’t delay the start of the trial, which is expected to begin May 6.