Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Shooting raises questions over self-defense (NM)
kob.com ^ | 5 July, 2009 | Jeff Maher

Posted on 07/06/2009 4:14:51 AM PDT by marktwain

A bizarre shooting in Belen leaves a former corrections officer dead, and a former Marine in jail charged with his murder. The shooting is once again raising debate over what's considered self defense.

The brother of the person who was shot and the suspect's friend each have very different opinions about what happened.

The incident happened around 10:15 Saturday night at Enchantment Propane. Evidence of a break-in was still visible on Sunday. The murder that happened in the midst of the burglary is likely going to extend a long-standing debate for years to come.

Louie Gabaldon still has a lot of unanswered questions about the death of his little brother, 29-year-old Gary Gabaldon, killed on the night of July 4.

"Gary would never steal from anybody. He's not a thief, and nobody deserves to kill anybody or shoot anybody and try to justify self-defense. You don't kill anybody, you just don't," Louie Gabaldon said Sunday.

Gabaldon says his brother was a former corrections officer.

Deputies say 38-year-old Luke Sanchez, a former Marine who served as a military policeman, was driving back to his farm in Belen when he spotted Gabaldon and another suspect stealing supplies from Enchantment Propane.

They say Sanchez called police, but also drove closer to the suspects to try to get their license plate number.

Deputies say he got too close-- Gabaldon spotted him, ran over to his car and broke the driver's side window.

David Dawson is close friends with Sanchez, and says he was just defending himself.

"They were bashing his windows in and he was screaming for them to leave him alone," Dawson said.

After a short fight, deputies say Sanchez pulled out his gun and shot Gabaldon in the head, killing him.

Sanchez remained on the scene until he was arrested.

The other suspect took off and is still on the loose. The suspect's vehicle was recovered, along with the stolen property.

Dawson told Eyewitness News 4 on Sunday, "So they've actually got him locked up right now for trying to defend himself from people bashing in his car to try and get at him."

Deputies say investigators had enough evidence to determine it was not self-defense, but murder.

Valencia County Sheriff's Deputy Chris Trujillo said, "We rely heavily upon our citizens, our residents of the county to report crimes to us. We never want them to approach these individuals, or get within close contact where something like this could occur."

Gabaldon says his brother and Sanchez, at one time, were family.

"Well I know that Luke Sanchez was the cousin of the father of my brother's ex-girlfriend, and there's more to it of this story than what's being said, and I'm going to get to the bottom of it," he said.

Friends of Sanchez say he is scheduled to be arraigned on Monday. They hope the judge will drop the murder charge. Gabaldon's family hopes that charge remains.


TOPICS: Crime/Corruption; Extended News; News/Current Events; US: New Mexico
KEYWORDS: banglist; burglary; defense; nm
Navigation: use the links below to view more comments.
first 1-2021-4041-6061-72 next last
There may be facts that are not apparent from the article, but if someone is bashing the windows on my car trying to get to me, I would ordinarily thing that justified deadly force.

I find the claim of a relationship by the burglar's brother "Well I know that Luke Sanchez was the cousin of the father of my brother's ex-girlfriend," to be rather weak.

In New Mexico, your car is considered an extension of your home, and you do not need a concealed carry license to carry a firearm in your car.

1 posted on 07/06/2009 4:14:53 AM PDT by marktwain
[ Post Reply | Private Reply | View Replies]

To: marktwain
There may be facts that are not apparent from the article, but if someone is bashing the windows on my car trying to get to me, I would ordinarily thing that justified deadly force.

I totally agree about the facts not apparent . . .

but if someone is bashing the wondows on my car trying to get at me, I would think that justified leaving.

I feel for the guy losing his little brother, but why is it that every person shot while committing a crime becomes an immediate saint who never does/did anything wrong? When is anyone going to be quoted saying, "Yeah, the guy's been a thug all his life and totally deserved that bullet in the head"?

2 posted on 07/06/2009 4:23:00 AM PDT by Quiller (When you're fighting to survive, there is no "try" -- there is only do, or do not.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: marktwain

There is enough evidence to charge the former Marine with murder? That evidence is not shown in this article. It will be interesting to see what the foundation is for the charge. Otherwise, this guy should be patted on the back for good judgement (carrying a weapon for self defense, for being willing to get involved) and set free immediately.


3 posted on 07/06/2009 4:23:36 AM PDT by Bulldawg Fan (Victory is the last thing Murtha and his fellow Defeatists want.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: marktwain


"My cousins fathers uncles girlfriends third cousin twice removed's roommate!"

What does that make us??!!

Absolutely nothinh!
4 posted on 07/06/2009 4:23:42 AM PDT by ketelone
[ Post Reply | Private Reply | To 1 | View Replies]

To: marktwain
Your brother was stealing.

Then he was bashing in the car windows of " the cousin of the father of my brother's ex-girlfriend.

Your former brother, the former corrections officer was a thief and probably would have killed Sanchez had he had a chance.

5 posted on 07/06/2009 4:24:06 AM PDT by VicVega (Join Jihad, get captured by the US and resettled in the best places in the world. I love the USA)
[ Post Reply | Private Reply | To 1 | View Replies]

To: marktwain

“The incident happened around 10:15 Saturday night at Enchantment Propane.”

The first thought to come to mind?

Hank Hill!


6 posted on 07/06/2009 4:41:17 AM PDT by Dr. Bogus Pachysandra ( Ya can't pick up a turd by the clean end!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: marktwain
Dawson told Eyewitness News 4 on Sunday, "So they've actually got him locked up right now for trying to defend himself from people bashing in his car to try and get at him."

Protective custody?

just a thought

7 posted on 07/06/2009 4:43:23 AM PDT by Roccus (The Capitol, the White House, the Court House...........America's Axis of Evil)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Quiller

agree! If you punched out the window of the President’s limo, and where then shot by the Secret Service, would THEY be charged with murder? Or is there a double standard here? What’s the difference???


8 posted on 07/06/2009 4:53:42 AM PDT by 2harddrive (then)
[ Post Reply | Private Reply | To 2 | View Replies]

To: Dr. Bogus Pachysandra

That would be Strickland Propane in Arlen, Texas.

As Hank Hill would say (about the thief).....
“the boy ain’t right.”


9 posted on 07/06/2009 4:54:05 AM PDT by july4thfreedomfoundation (If Randy Cunningham is in prison for corruption, then why isn't Diane Feinstein locked up as well?)
[ Post Reply | Private Reply | To 6 | View Replies]

To: Roccus
Valencia County Sheriff's Security Bureaucrat Deputy Chris Trujillo said, "We rely heavily upon our citizens, our residents of the county to report crimes to us.(The people know where the crime is and are there first. We're out writing tickets for revenue ) We never want them to approach these individuals, or get within close contact ( We want you to be passive tax extracted sheeple )where something like this could occur.( You are taking away our reason for existence. If people man up and start guarding their property, crime would drop and there would be no need for my friends and fellow union members and we would have to work in the dreaded private sector( DPS ) where we no longer have the skills of industry, attention to detail..."
10 posted on 07/06/2009 4:54:16 AM PDT by Leisler ("It is terrible to contemplate how few politicians are hanged."~G.K. Chesterton)
[ Post Reply | Private Reply | To 7 | View Replies]

To: Bulldawg Fan

Makes no sense. He did call the police first. When he went to get closer to get the plate, they went after him, instead of running. Then Sanchez waited for the police to arrive. Yeah, that sounds like a murderer to me. Hellooo??????


11 posted on 07/06/2009 4:57:24 AM PDT by panthermom
[ Post Reply | Private Reply | To 3 | View Replies]

To: marktwain

The shooting is once again raising debate over what’s considered self defense

I stopped reading here as the details of the case ARE NOT relevant to the definition of self defense.
The right to self defense exists under our laws.It is clearly defined and spelled out in those laws.
The details only become relevant if the local DA has reason to question those details and then it could become a debate for a jury.
All that said I have an instictive right to self defense that only I can decide what it is or is not.
What does the bumper sticker say? Rather tried by 12 then carried by 6?
No police officer,no judge ,no jury is going to be standing next to you when the time comes for you to decide if you live or die or if some other person lives or dies. If your wife or kids live or die or the neighbors kids lives or dies.
You have a split second to make that decision on your own.


12 posted on 07/06/2009 5:05:34 AM PDT by SECURE AMERICA (Coming to You From the Front Lines of Occupied America)
[ Post Reply | Private Reply | To 1 | View Replies]

To: marktwain

Valencia County Sheriff’s Deputy Chris Trujillo said, “We rely heavily upon our citizens, our residents of the county to report crimes to us. We never want them to approach these individuals, or get within close contact where something like this could occur.”

Standard Government Bullshit statement.


13 posted on 07/06/2009 5:07:03 AM PDT by SECURE AMERICA (Coming to You From the Front Lines of Occupied America)
[ Post Reply | Private Reply | To 1 | View Replies]

To: 2harddrive

If you punched out the window of the President’s limo, and where then shot by the Secret Service, would THEY be charged with murder? Or is there a double standard here? What’s the difference???

If you have to ask you would never accept the answer. There is a whole huge list of people that are treated differntly in our society regardless of what the law states.


14 posted on 07/06/2009 5:09:41 AM PDT by SECURE AMERICA (Coming to You From the Front Lines of Occupied America)
[ Post Reply | Private Reply | To 8 | View Replies]

To: marktwain
He's not a thief, and nobody deserves to kill anybody or shoot anybody and try to justify self-defense. You don't kill anybody, you just don't," Louie Gabaldon said Sunday.

Glittering jewel of colossal ignorance! Self-defense is the ONLY (legitimate) reason to kill someone.

15 posted on 07/06/2009 5:10:52 AM PDT by Niteranger68 (Have you punished an 0bama supporter today?)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Quiller; marktwain
nobody deserves to kill anybody or shoot anybody and try to justify self-defense. You don't kill anybody, you just don't," Louie Gabaldon said Sunday.

Remember your own quote after I've smashed your children's heads with a tire iron and am tearing off your wife's clothing to rape her, Mr. Gabaldon. You sound like someone from the Brady Center, standing in a corner shrieking like a little girl with your pinkies in the air, reciting gun laws to me.

Note to all: My comments above about violent acts are meant for rhetorical purposes, and not intended to convey any violent intent toward any person, living or dead. Unless they attack MY family.

16 posted on 07/06/2009 5:13:05 AM PDT by Hardastarboard (I long for the days when advertisers didn't constantly ask about the health of my genital organs.)
[ Post Reply | Private Reply | To 2 | View Replies]

To: CedarDave; LegendHasIt; Rogle; leapfrog0202; Santa Fe_Conservative; DesertDreamer; ...

NM PING

This bears watching. What was the name of the NM Marine who was convicted for shooting a burglar in ABQ a couple of years ago?


17 posted on 07/06/2009 5:14:14 AM PDT by DesertDreamer ("I don't believe in a government that protects us from ourselves." - Ronald Reagan)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Niteranger68
“He's not a thief”

Well, I suppose that he was just “borrowing” the stolen items that the police found in the vehicle, that he was really the one that called the police in on the situation because he “knew” from his relationship with the shooter, that the shooter was out to get him..../S

It would take a lot of evidence to convince me of that defense if I were on the jury.

18 posted on 07/06/2009 5:18:42 AM PDT by marktwain
[ Post Reply | Private Reply | To 15 | View Replies]

To: marktwain
The way the article reads makes me wonder why it raises questions over self-defense as the title implies. Someone witness a crime, calls it in, tries to get a license plate number, then ends up shooting one of the perps while defending himself? The only question should be which medal he should receive. Sounds like the town has bigger problems and Sanchez did the town a favor.
19 posted on 07/06/2009 5:22:36 AM PDT by GBA
[ Post Reply | Private Reply | To 1 | View Replies]

To: marktwain
Same in Nevada. So a guy sees some people “stealing” and he stops they attack him and break his car window. He defends himself and is arrested? Please, no jury around here would convict him.
20 posted on 07/06/2009 5:26:26 AM PDT by mad_as_he$$ (Nemo me impune lacessit)
[ Post Reply | Private Reply | To 1 | View Replies]


Navigation: use the links below to view more comments.
first 1-2021-4041-6061-72 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson