Posted on 07/07/2009 4:39:48 AM PDT by marktwain
A Belen man is charged with murder after investigators say he admitted to shooting a burglary suspect. He claims he acted in self-defense.
Luke Sanchez, 38, was allegedly driving by a business near his home Saturday night, when he saw two men robbing the place. That's when Sanchez said he decided to take matters into his own hands to protect the community and help law enforcement, but that help left Sanchez facing a murder charge.
Valencia County Sheriff Rene Rivera said Luke Sanchez has been frustrated after being robbed several times in recent months. "Sometimes you have to know the limitations of helping law enforcement before you get in trouble yourself," Rivera said.
A criminal complaint shows Sanchez was on his way home when he passed Enchanted Propane, which is near his home.
According to the complaint, Sanchez saw a van parked at the business along with two men inside. Sanchez then reportedly talked to his neighbor.
"He says, 'There's some people taking things out of the office,'" George Chavez said.
According to the complaint, Sanchez saw the suspects drive away, called 911 and drove after them in an attempt to get their license plate number.
But the two men allegedly stopped their van and that's when Sanchez told investigators they approached his truck.
Sanchez said 29-year-old Gary Gabaldon, a man with a lengthy criminal history, broke his car window, hit him in the face repeatedly and tried to pull him from his vehicle.
Sanchez said he feared for his life and reached for a gun on the car seat and fired a shot.
Even though Sanchez said it was in self defense, Rivera said they have to charge him anyway.
"He admitted to shooting and killing someone," Rivera said.
Authorities said Sanchez and Gabaldon somehow knew each other.
But Sanchez said he didn't know who he was shooting, because the intersection is so dark at night.
Moshell Billingsley is one of dozens of supporters who showed up to court Monday, angry that Sanchez is charged with a crime he claims happened in self-defense.
"If I had somebody coming after me, tried to break into my vehicle, I would fear for my life as well and maybe do the same thing," Billingsley said.
She said Sanchez is an ex-Marine and is someone who has always tried to protect his community. She said this is something Sanchez simply doesn't deserve.
But Rosemary Donahue, Gabaldon's sister, has a different opinion. She doesn't know if Gabaldon was trying to rob this business, but said even if he is responsible, he never deserved to die.
"I've had things stolen, I don't have to go after nobody," she said. "I don't use a gun, I don't carry a gun in my truck."
Gabaldon has a criminal history dating back to 1999. His charges range from battery on a police officer to DWI.
Sanchez is still in custody on a $100,000 bond.
As for the other man involved in the burglary, authorities said he ran away when shots were fired but police said they do have leads.
Well isn't that special. I guess you're just supposed to ask robbers nicely to quite robbing and get a job instead.
Belen used to be a sleepy agricultural community south of Albuquerque, but in recent years it’s become infested with hispanic drug gangs, and crime rates have skyrocketed.
“Luke, Luke, the force is with you.”
Here's the report from yesterday. Notice the difference in the stories.
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.
So now we have 2 different versions of the shooting. Whatever evidence has been gathered will determine what crimes, if any , have been committed or not.
“I’ve had things stolen, I don’t have to go after nobody,” she said. “I don’t use a gun, I don’t carry a gun in my truck.”
Stupid !!! Your dead brother was probably stealing the stuff from YOU! You may let your thieving brother slide... but others need NOT be so forgiving.
The ineffectual police force, should pay him a day’s wage!
I hate to say this, but that must have been something else that Mr. Sanchez told the cops to cause them to arrest him. Here is what he should have told them:
Officer, I saw them robbing XXXXX and followed them to get their plates to report them. They stopped, approached my van and started punching me. I WAS IN FEAR OF MY LIFE. I want to talk to my lawyer, now.
Amen. I make my students write down on their final exam, "Officer, I want to cooperate with your investigation, but I was ATTACKED, and FEARED FOR MY LIFE, and want to help you, but ONLY WITH MY ATTORNEY PRESENT".
I tell my students not to even answer simple questions like, "Did you shoot this guy? Is this your gun?" I tell them to hand over your driver's license, CCW license, and shut the hell up!
In case they are lucky enough to dodge a criminal charge, anything they say will hang them in a civil trial, leading to financial ruin......SILENCE IS GOLDEN.
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