A Kirtland man has been charged with open murder after investigators alleged he fatally shot his former wife inside the residence where the two continued living after their divorce, according to a criminal complaint and arrest affidavit filed in San Juan County Magistrate Court.
Anthony Heard, 42, of Kirtland, is charged with one count of first-degree murder (open count) and one count of negligent use of a deadly weapon. Under New Mexico law, an open murder charge allows the court or jury to determine the degree of murder if the defendant is convicted. All charges are allegations based on court records, and the defendant is presumed innocent unless proven guilty in a court of law.
According to the arrest affidavit, San Juan County Sheriff’s Office deputies responded to a residence on County Road 6055 on Aug. 2 after Heard called 911 and reported his firearm had discharged, striking Varissa Heard in the chest, and that he had begun performing CPR.
Court records state deputies arrived and rendered aid before Varissa Heard was transported to San Juan Regional Medical Center, where she was pronounced dead.
According to the affidavit, Heard initially told deputies he had been cleaning a Kimber 1911 pistol and had taken it into Varissa Heard’s bedroom to show her rust on the firearm’s grip safety when it discharged. Investigators wrote that he later agreed to speak with detectives after waiving his Miranda rights and repeated that account during an interview.
According to court records, Heard told detectives the couple had been divorced since January 2025 but had continued living in the same residence while preparing to separate permanently. He also reported consuming four Budweisers and two shots of Jägermeister before the shooting.
According to the affidavit, Heard told investigators he was depressing the grip safety while simultaneously flipping what investigators described as the firearm’s “de-cocker” and pressing the trigger when the firearm discharged. Investigators wrote that he maintained the shooting was accidental during his initial interview.
According to the affidavit, investigators also reported Heard told deputies he moved the firearm after the shooting, placing it in a holster in another room before calling 911. Detectives wrote that Heard reported moving the firearm before deputies arrived, which investigators said altered the condition of the scene they later examined.
According to court records, detectives later executed a search warrant at the residence and reported finding a spent .45-caliber casing in the hallway leading to Varissa Heard’s bedroom, an apparent bullet defect in a bedroom wall and only minimal surface discoloration on the firearm despite Heard’s description of significant rust.
Detectives also reported recovering text messages investigators said Varissa Heard sent before the shooting. According to the affidavit, the messages described Anthony Heard confronting her about plans to go on a date with another man and included statements investigators believed conflicted with Heard’s earlier description that the pair had only been discussing the humidity inside the home.
Investigators also wrote that the apparent bullet trajectory they observed was inconsistent with Heard’s original explanation of the shooting.
According to the affidavit, detectives conducted a second interview after reviewing the physical evidence and text messages. Investigators wrote that Heard continued describing the shooting as an accident but made several additional statements during questioning.
According to court records, Heard told detectives, “I did not mean to shoot her,” and later acknowledged intentionally pulling the trigger while believing the firearm was unloaded.
Investigators also wrote that Heard said he had been emotionally upset before the shooting, had contemplated suicide and later stated there had been a struggle over the firearm immediately before it discharged after he said he held the gun near his own head and Varissa Heard attempted to take it from him.
The affidavit states investigators wrote Heard provided multiple differing accounts of the events surrounding the shooting. According to court records, investigators alleged his statements, the physical evidence recovered at the scene and the text messages collectively established probable cause to seek the charges.
CHARGES FILED
- First-degree murder (open count)
- Negligent use of a deadly weapon
CASE STATUS
A judge found probable cause on Aug. 3, 2026. Court records indicate Heard remains charged in San Juan County Magistrate Court. Court records reviewed by San Juan Pulse did not indicate whether Heard had retained legal counsel.
SOURCE
According to a criminal complaint and affidavit for arrest warrant filed in San Juan County Magistrate Court.
LEGAL DISCLAIMER
All charges are allegations based on court records, and the defendant is presumed innocent unless proven guilty in a court of law.