Ex-Con's Cocaine Habit Catalyst in Run-In With Vet (NM)

Albuquerque Journal ^ | March 9, 2008 | Leslie Linthicum

[greyfoxx39]

Glass shattered in a driveway in a quiet Albuquerque subdivision a few nights after Christmas. Minutes later, at the end of a chaotic quarter-mile trek over fences, through vacant lots and across a six-lane highway, police sirens began to wail.

One man lay dead against a chain-link fence, dirt on his teeth and a bullet hole in his heart.

The other stood in his stocking feet in the middle of the street with his revolver tucked into the waistband of his jeans.

"Why did he do it, sir?" he asked the officer who took his gun and put him in a squad car.

In the more than three years that have passed, one family has buried a son, a brother, a father. The other family has waited for judgment: Was the killing

justified or should there be a price to pay? A judge answered that question late last month, levying two years in prison for the death and taking another father from his son.

The sentence kept talk radio busy for weeks with emotional debates about guns and crime and personal justice. There was outrage over the prison sentence. There were calls for a pardon.

And hovering over it all was the provocative question: What would you have done if you had been in their shoes?

-SNIP

Romero's problems had always been related to cocaine addiction, she said. He was first arrested for residential burglary when he was 20 and sentenced to probation.

In 1992, when he was just 21 and a new father, he was charged with possession and intent to distribute cocaine and marijuana, federal crimes. Romero pleaded guilty and got five years in La Tuna, a federal prison in Texas.

[greyfoxx39]

Much controversy here in NM over this case. The judge not only sentenced Richard to two years in prison for the death, he told him to pay Barbara Romero $15,000 for her husband's funeral expenses.

To read the whole story, click the link, then click on "Trial Premium Pass". There will be a short video after which you can continue on to the story.

[greyfoxx39]

NM Ping

If you want on or off the NM Ping list, please FReepmail me.

Access to the ping list is available to anyone by going to my FR home page.

[Disambiguator]

I think Richard got off easy. He should have left off the chase after Romero took off. Once the threat of bodily harm is removed, shooting is no longer justifiable self-defense.

The upside is that there is one less car thief on the streets, but that doesn’t make any of this easier on the families of the two men.

[gundog]

...pay Barbara Romero $15,000 for her husband's funeral expenses.

That's an expensive shovel. I've buried better dogs.

[SampleMan]

I think Richard got off easy.

Really? He was in his own home minding his own business and never instigated anything.

I'm well aware of what the law states on self-defense, but I've also got a bit of experience with being in a confrontation where my life was in peril. From that experience I can tell you that no switch is turned off when your attacker turns their back. They continue to be a mortal threat.

The perp decided to violate another person's property at their residence. He got more than he bargained for by triggering another man's instinctive impulse to terminate the threat. He should have surrendered when given the chance. Tie breaker goes to the man without the long criminal record and with the honorable service. He didn't ask to be put in that situation and I'm willing to allow him a measure of forgiveness for what we can in post-analysis call overreaction.

[yefragetuwrabrumuy]

He should have been found guilty of improper discharge of a firearm in city limits and given a six months suspended sentence. Unfortunately, this sentence would be aggravated by the loss of his job as a federal guard.

[SampleMan]

Another point I would like to make rests on WHY we would want to incarcerate Richard. We put people in prison to protect the innocent in society from them.

Richard is of no arguable threat to any innocent person.

[Fido969]

Romero should have been in prison rather than being out causing mayham.

[El Gato]

Once the threat of bodily harm is removed, shooting is no longer justifiable self-defense.

These things vary, a lot, by jurisdiction. If the deceased was making off with the defender's property, then it would have been a "good shoot" in Texas.

In this case it seems like there was no real opportunity to "break contact". It doesn't sound like the burglar "took off", with the defender chasing him, so much as a running confrontation, with Richard attempting to detain/arrest the burglar.

As to justification, we don't know exactly what happened at the end of that confrontation, although witnesses indicate that Romero "raised his hands" as if to aim a weapon, followed by Richard shooting him. Sounds like a "feared for life and/or bodily harm" situation to me.

Richard had, IMHO, one p*ss poor attorney, for letting him plead no contenst.

[kcvl]

Richard, a Department of Energy nuclear materials courier with a top security “Q” clearance, said he heard a noise and found Romero, clad in black and armed with a screwdriver and sledgehammer, in the garage next to the broken window of Richard’s Ford Bronco.

Romero, convicted twice on armed robbery charges, ran away yelling “Let me go, let me go,” but was shot as he attempted to climb a fence near Paseo del Norte and Eagle Ranch Road Northwest, Whatley said.

But Richard, talking publicly about the ordeal for the first time, said at several points Romero grabbed Richard’s gun and kept telling Richard that his friends were coming.

“The safety and security of myself, my son and my wife was compromised,” he said. “I didn’t have time to armchair quarterback it.”

According to court documents, Richard gave chase, yelling at Romero to get on the ground and for neighbors to call 911.

“Why would I call for help if I had intentions of hurting somebody?” he said.

******

JUDGE MURDOCH SAID THAT HE WOULD NOT HAVE SENT MR. RICHARD TO JAIL IF ONLY HE HAD SHOWN SOME COMPASSION/REMORSE FOR THE FAMILY OF THE THIEF

******

Richard rejected the first deal the DA offered for 18 months of prison/parole time and elected instead to go to trial. He took this particular plea because the judge told him he would get no jail time if he did so.

He was ordered to pay $500 per month for five years to the criminals family

To request Gov. Richardson commute his sentence:

http://www.governor.state.nm.us/contact.php...

******

Feb. 27, 2008

770 AM in Albuquerque last night got to hear the testimony of Mr. Alvarez, the Richard’s neighbor and only eye witness to the entire thing. Alvarez came out of his home after hearing a loud banging outside (Romero trying to get into the garage). He found Elton and Mr. Romero in the Richard driveway, Elton holding Romero at bay, his gun pointed away from Romero, up in the air, repeatedly telling him to get on the ground, but Romero “lunged at him like a caged animal” in Alvarez’s words and was acting “crazy” and “out of control.” Alvarez asked what he could do, and Richard told him to call 911, which he did, and Richard told him there was another one who had run off down the street. Alvarez told him the police were on the way. At this time, Romero attacked Richard, trying to get the gun from him. He told Richard he was going to get his friends over and hurt him in, according to Alvarez, profanity-laced language. Romero confronted Richard down the street, Romero trying to take the gun away from him, phone to his ear telling Richard he was calling his friends to come kill his family. According to Alvarez, contrary to the DA’s assertions, Elton did not give chase, Romero backed him down the street in a slow progression. This is eye witness testimony that demonstrates not only that Romero was banging on the garage to get in, but that he assaulted Elton with physical violence, made threats against his family, and that he himself is the one responsible for ending up in that field a quarter mile from the house. I’m going to say that again for everybody—the *sole* eye witness says Richard was *backed* down the street *by Romero himeself*. The blood work showed Romero was very high on cocaine, and they had targeted the Richard home because he owed a drug dealer $400. And forensics show Romero *was not* shot in the back, contrary to the speculative police report. The DA has no case, Richard was tricked into pleaing by this judge who told him he would serve no time, the man has been railroaded.

“they targeted the Richard home because he (Romero) owed a drug dealer $400.”

******

Daniel Romero was arrested at age 19 for burglary. He broke into a car and stole some tapes. He was arrested again at age 25 for DUI, and again in the same year for domestic violence. He did community service on the burglary and paid fines and short jail time for DUI, and the DV was dismissed. No drug charges, no other burglary charges. He was 34 years old when he was killed.

The Richard family was cased out, by Romero and his friends, for a couple of months before they actually decided to make their move. Richard wasn’t to be at home. Had left his car at work.

[kcvl]

N.M. governor urged to pardon Iraq vet

ALBUQUERQUE, Feb. 26 (UPI) — New Mexico Gov. Bill Richardson is being urged by the public to pardon an Iraq war veteran who killed a car burglary suspect.

Elton Richard was sentenced to two years in prison after pleading no contest to a charge of voluntary manslaughter in the 2004 death of one Daniel Romero.

The Albuquerque Journal said the plea was entered after Richard had been charged with second-degree murder. He had sought a suspended sentence based on his clean record and the circumstances surrounding the case.

Richardson’s office received about 100 calls and e-mail messages last weekend urging the governor to step in and keep the ex-Marine out of prison, the newspaper said.

The sentencing judge told the Journal that he gave Richard time because of a lack of remorse and the fact that he had chased Romero some 1,400 yards before firing the fatal shot.

[kcvl]

Daniel Romero, Criminal

Mother (of Romero) says don’t commute Marine’s sentence in shooting

The mother of Daniel Romero, a Santa Fe man who was fatally shot after he tried to steal a car in Albuquerque, has a message for Gov. Bill Richardson.

The governor said this week he might commute the sentence of Elton John Richard, an Iraq war veteran who chased down and shot Romero.

"(Richard) murdered a person," said Mary Lou Jensen. "We have laws that tell us right and wrong. If (Richardson) lets him go, how many more Marines who get in trouble will get off?"

Court records show Romero pleaded guilty to commercial burglary and disposition of stolen property in January 1991, and was twice charged with burglary and once with aggravated assault in 1988.

[kcvl]

A Word from Elton Richard’s Father-In-Law

Running Romero Down to Shoot Him
Elton fought Romero in his yard while being beaten with a sledgehammer and other tools. Romero then progressed to back Elton down the street and into the corner of the cul-de-sac. As a Marine and as a Federal Officer, his training was to maintain a visual on the assailant and not lose the man until help arrives. Therefore, as his training kicked-in, he followed Romero as 911 had been called and the police were on their way.

After crossing the street and into the dark area, the shooting took place. I have never asked Elton specifically what happened up there, but having known Elton for many years, the only reason he would shoot another human being is due to fear for his life or the life of his family. Romero had already made the comment that he would be back when Elton was not there.

The autopsy report shows the angulation of the bullet such that determined that Elton was in a crouching position and Romero was over him with his arms out in a lunging position. Even without knowing the detail, this tells you there was a danger to Elton’s personal well being.

As a trained sniper in the Marines, trust me, if Elton had intended to kill Romero at any given point, there would have been a bullet hole between his eyes.

Out on Bail
For three (3) years, Elton has been out on bail and was allowed, by the DA’s office, to move home to Texas so he could be around family who could help them through this time. During that time they have had to sell their house, he lost his job, lost his benefits, have lost all of their savings and Elton’s retirement and have gone into debt to pay defense expenses, etc. If he was such a “felon”, why would he be allowed to leave the State? By the way, he called every week and followed the conditions of his bail for the entire time.

No Contest Plea
The “no contest” plea was agreed to as an assurance Elton would not be away from his son and wife. He did this knowing that he was pleading to something he did not do, but was not willing to chance adding further stress and torment to the life of his family. He also did this knowing that this would follow him all of his life. Even though this was not what I thought should have been done, we, the family supported him, without question, just as we have supported him in this since day one.

Now, with some of the facts, this young man has suffered for three (3) years in relation to the consequences of his actions. Yes, taking a life is a terrible thing. However, when you truly feel you are protecting your family and yourself, the resolve remains for a lifetime. None of the years can come back and Romero cannot be brought back, but the punishment should be based on factual information and not “he did not feel remorse”. Thank goodness all of the judgements are not based on that. Most of the time the people on trial can lie better than most of us can tell the truth.

[greyfoxx39]

Thanks much, kcvl for all the info. Wonder who has a ping list for marines?

[RedRover]

Ma,

Have you heard about this case? Screwed-up sentence for a Cajun Marine from your neck of the piney woods in East Texas.

RR

[sport]

I agree with you but times have changed.

In my neck of the woods is what I am talking about, how things were elsewhere I do not know.

At one time it was the lawbreakers that were afraid. Now it is the lawabiding.

At one time I was not afraid to conversate with with a Plant City policeman, a Hillsborough County Deputy, a Tampa city policeman, or a Florida State Trooper.

Now I have learned to give the Hillsborough Deputies a wide berth.

We have gone from “Citizens” to “civillians”. And along with that, the old practice of Royal England of “when two serfs strove with each other both were punished for either damaging the king’s property ot having the potential to damage the king’s property has been revived. In our case,the government replaces the king.

[SampleMan]

I think you make a fine point. Why are we putting Richard in prison? Not because he poses a danger, but rather because he broke “the law”, which has come to be treated as more holy than justice, because it embodies the power of the state. Had a cop done this same exact thing, he might get a letter of reprimand (maybe).

Every time I hear a lawyer or a cop say “its about the law, not justice” I just want to choke them. The law should only exist to serve justice and when that ceases, so too should the obligation of following that law.

[Gilbo_3]

JUDGE MURDOCH SAID THAT HE WOULD NOT HAVE SENT MR. RICHARD TO JAIL IF ONLY HE HAD SHOWN SOME COMPASSION/REMORSE FOR THE FAMILY OF THE THIEF

one p*ss poor attorney, for letting him plead no contenst.

Tall tree/short rope would do wonders for our 'legal' system...

LFOD...

[Gilbo_3]

Bump that observation...

“the law”, which has come to be treated as more holy than justice, because it embodies the power of the state...

and remember that in a few short months itll be 'stroke of the pen, law of the land' and we could all very well be 'criminals' and at the mercy of our masters...

LFOD...