Posted on 07/12/2009 10:38:45 AM PDT by marktwain
The man who fled the scene after the fatal shooting of a fellow burglary suspect in Belen turned himself in Wednesday and has been charged with burglary.
Rudy Sisneros, 22, was with his uncle, Gary Gabaldon, when Gabaldon was shot, and later died, late Saturday by 38-year-old Luke Sanchez, who followed them after he believed they had burglarized a Belen business.
Sanchez's lawyer said the case "looks very much like self-defense," but the Valencia County District Attorney's Office has charged him with an open count of murder.
Sheriff Rene Rivera said deputies were interviewing Sisneros on Wednesday evening, but he has declined to provide any further information other than that he was there that night.
Investigators were hoping to learn more details about the incident, which has ignited public debate over whether Sanchez was justified in shooting Gabaldon.
Sisneros has been charged with two counts of commercial burglary, two counts of conspiracy and two counts of criminal damage to property.
Meanwhile, the sheriff's department confirmed that last weekend's incident is not the first time Sanchez has been in a position to try to help law enforcement with an arrest.
In April, two men broke into his friend's home, and Sanchez spotted them fleeing law enforcement. They escaped.
The next day, he spotted the same two men walking along a nearby ditchbank and recognized them.
He then called 911 and held the two men at gunpoint until deputies arrived, Rivera said. The sheriff said the two apparently returned to the ditchbank to retrieve stolen items.
No one was injured in that case, and the burglary suspects were taken into custody without incident. One was eventually charged with burglary.
"We're always looking for the help of the public," Rivera said. "But the one thing I tell the public is not to jeopardize their own safety to try to help law enforcement."
The fatal shooting Saturday occurred after Sanchez spotted two men he suspected were burglarizing Enchantment Propane, a Belen business.
He followed the men in his car to try to get their license plate number. They stopped, and Gabaldon got out of his vehicle and approached Sanchez's car. Sanchez told deputies that he shot Gabaldon after Gabaldon broke his car window and hit him several times in the face, according to a criminal complaint.
Sanchez then called 911 from the scene, and Gabaldon was taken to University of New Mexico Hospital, where he died from his wounds.
Police later found a vehicle linked to Gabaldon and Sisneros, which contained items that had been stolen from Enchantment Propane.
Sanchez, who is a former Marine, has since bonded out of the Valencia County Adult Detention Center in Los Lunas.
A defense fund has been established in his name and a petition has been circulating to try and convince the district attorney's office to drop the charges against Sanchez.
Gabaldon, who is a former prison guard, was had numerous run-ins with police, including a DWI conviction in 2000 and resisting arrest conviction in 1999.
Sisneros has faced several misdemeanor charges, including driving with a revoked license, contributing to the delinquency of a minor and driving with an open container.
If the dead guy was beating the shooter when he he was shot, it was self-defense.
Case closed.
You would think but then this is New Mexico, and the result could hinge on many things.
Like what Concho?
Where about in N.M are you? Just general.
Seems to me it is the co-burgular is the one who is liable for a murder 2 charge.
In the lib scheme of things, minorities must be discouraged from lawfully defending themselves. Otherwise, they would become free citizens and lose their dependence on Uncle Sugar and the closet racist libs whose livelihood and lucrative retirement packages depend on keeping them in bondage.
Politics will make the decision, not the law. Me? Just outside Albuquerque.
He would be in Ohio.
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