Posted on 07/11/2009 8:41:17 AM PDT by marktwain
Wednesday, July 8, 2009
Former Marine charged in shooting death
Julia M. Dendinger News-Bulletin Staff Writer; jdendinger@news-bulletin.com
Luke Sanchez of Belen pleads not guilty to single count, magistrate sets bond at $100,000
Former Marine Luke Sanchez pleaded not guilty Monday to a charge of murder after he fatally shot a burglary suspect Saturday night.
His lawyer, Ray Twohig said it "looks very much like self-defense."
The District Attorney's office said: "Regardless of how the defense sees the case, a man is still dead — shot by the defendant."
Sanchez, 38, of Belen was arrested on Saturday after he allegedly shot and killed 29-year-old burglary suspect Gary Gabaldon, also of Belen.
Sanchez told police he shot Gabaldon after spotting two men he suspected were burglars at Enchantment Propane, a Belen business.
Sanchez, who followed the two burglars in his car, told deputies he shot Gabaldon after Gabaldon broke his car window and hit him several times in the face, according to a criminal complaint.
Sanchez is an honorably discharged Marine military police veteran, said his lawyer, Ray Twohig.
"He is a longtime resident, a farmer with land. Most of the people here today know him and honor him," Twohig said of the people in the standing-room-only courtroom of Magistrate Judge Danny Hawkes, where Sanchez appeared Monday.
Twohig told Hawkes there was no need for "this kind of detention in a case that looks very much like self-defense."
Hawkes ordered that Sanchez be released on $100,000 cash surety or 10 percent to the court.
Assistant District Attorney Brett Parker had asked the court to impose a $250,000 cash bond for Sanchez's release. Parker said the open count of murder against Sanchez includes first and second-degree murder, as well as voluntary and involuntary manslaughter.
He said at this early point in the case, only one side has been heard. "And regardless of how the defense sees the case, a man is still dead — shot by the defendant," he said.
According to the criminal complaint, Sanchez contacted the Valencia County Regional Emergency Dispatch Center via cell phone on Saturday night and stated he had just shot a man, later identified as Gabaldon, near the intersection of Gabaldon Road and the N.M. 314 frontage road in Belen.
The complaint alleges that after officers with the Belen Police Department arrived on the scene, Sanchez made a "spontaneous utterance" that he had shot Gabaldon.
Sanchez was transported to the Valencia County Sheriff's Department, where he was advised of his rights, the complaint said.
In the complaint, Sanchez said he had left his home to purchase fireworks and was on his way back home when he passed Enchantment Propane, located on the frontage road.
Sanchez told investigators he saw a vehicle parked near the building and two individuals "doing something." He said he drove by the business and stopped to talk with a neighbor. While doing so, Sanchez said he saw the two individuals get into the vehicle and leave the business.
According to the complaint, Sanchez followed the vehicle and called 911. He followed the vehicle for a short distance, trying to get a license plate number for the 911 operator.
When Sanchez turned east onto Gabaldon Road, about a block north of the propane business, he says the vehicle stopped and two men approached his car. Sanchez told deputies he believed the men had something in their hands but could not tell what it was.
Sanchez said he tried to roll up his driver's side window and put his vehicle in reverse. It was then that Sanchez said Gabaldon broke his window with an unknown object and struck him repeatedly in the face, trying to pull him from his vehicle.
Sanchez said he was in fear for his life and reached for the gun he had on the seat. Sanchez said he fired the handgun and the man fell to the ground; he said he was still on his cell phone with the 911 operator during the incident, the complaint says.
Sanchez said he did not put his vehicle in park after the incident, and that when he got out of the vehicle it rolled forward, pinning Gabaldon's leg.
When deputies arrived on the scene, Gabaldon was still alive. He was transported by helicopter to the University of New Mexico Hospital, where he died.
The criminal complaint reports that a small semi-automatic pistol, loaded with live ammunition and with a round of that ammunition in the chamber, was found in Sanchez's Dodge pickup truck on the front seat of the vehicle.
Deputy Chris Trujillo said the second burglary suspect had not yet been identified.
"We are still trying to identify and locate the second suspect," said Trujillo.
"The suspects' vehicle, a Ford minivan, was located shortly after we left the crime scene. It was abandoned in an alfalfa field off Sausal Road, near Gabaldon Road."
Trujillo said when the minivan was located, it contained items and property that he believes belong to the propane company.
Court records show Gary Gabaldon has had more than 10 run-ins with police, mostly involving traffic offenses dating to 1999, when he was charged with reckless driving in Belen Magistrate Court. The charge was dismissed, but Gabaldon pleaded guilty to resisting arrest and obstructing an officer.
Several other cases involving charges of battery on a police officer were subsequently dismissed. Gabaldon pleaded guilty at trial in 2000 to driving under the influence of alcohol or drugs, according to court records.
Word to the wise:
When you take out the trash, it is unnecessary to call for clean up, lest you be charged with littering.
I noticed that the victim and the road share a name: Gabaldon. Was the victim a member of a founding family or is it a common name? As a resident of Chicago, I have noticed the DA is more agressive when certain influential families are involved as victims.
Assistant District Attorney Brett Parker needs to be fired. This would be enough for no charges in Colorado.
Very odd coincidence!
I doubt there are 12 people who would accept that.
Charge will be greatly reduced or probably dropped, unless cops have evidence that Sanchez story is not true, that he was not in physical danger.
Would love to defend this case. Part of my summation:
“This politically overly-ambitious DA, looking for publicity, had Sergeant Sanchez arrested. He should have Sergeant Sanchez a medal for getting this violent criminal off the streets! Do bad Mr. DA didn't work harder keeping Gary Galbabon in jail, so he wasn't out burglarizing businesses and trying to kill heroes like Sergeant Sanchez.
Gary Galbadon is dead because he burglarized a business many of us depend on, then tried to kill Sergeant Sanchez so he wouldn't have to go back to jail.
Who do you, the jury, citizens who want to be safe in our homes, citizens who don't want our homes and businesses, and our lives burglarized and ruined by violent criminals like Gary Galbadon, who do you respect more?
Do you respect Gary Galbadon, convicted violent criminal, trying to run away like a criminal coward from a burglary, bent on killing a decorated Marine..... or an overly-ambitious politician..... or a Marine who did what many of us wish we could do, and we all know was the right thing to do.”
Belen, sits South of Abuquerque (South of Los Lunas)
A small toen of under 7K population, it is a major railroad point.
A friend recently bought property in MN and was warned off the Las Lunas - El Paso(I25) “corridor” (basiclly anything south of town) because of drug / gang activity. I don’t know specifics - they wound up west of ABQ.
The area along the river is well deveoped and has many small towns.
More here
http://www.koat.com/news/20020172/detail.html
In a related story -
http://www.news-bulletin.com/news/90192-07-11-09.html
This story also noted
(snip)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.”(/snip)
I suspect that changes of “VIgilante” and “cop wannbe” will be part of the court process. The Marine was an MP while active.
ALso of note, Belen is one end of Gov (Too radioactive to work for Obama) Richardson’s cho-choo train planning for a ELpas to Denver rail service
“New Mexico, Colorado and Texas are applying for federal funds to study the viability of a high-speed rail system in the hopes of putting new life into passenger railroads in the Intermountain West.
Sen. Tom Udall, D-N.M., said Thursday the 720-mile high-speed rail system would travel at speeds of 110 mph to more than 200 mph from El Paso, Texas, through Albuquerque to Denver..
Thank you.
We have a former Marine defendant with MP background in a self-defense case. There's probably a 911 call that will colloborate with his story. If Sanchez story is correct, then he DID NOT initiate contact with the burgulars. He called the cops and was taking down the license plate being a good citizen. When he attempted to avoid the area, THEN he was attacked with an object, that could be construed as deadly force when breaking the window. He was then attacked and beated and defended himself IN HIS OWN VEHICLE.
I'll take that case any day of the week. After the aquittal, I'd recommend that Sanchez file recall papers against the Valencia County DA.
Residents should be organizing a defense fund for this gentleman. They should then organize to have this District Attorney be driven from office.
He said at this early point in the case, only one side has been heard. "And regardless of how the defense sees the case, a man is still dead — shot by the defendant," he said.
And a piece of scum he is. Gosh, the DA makes it sound like the guy was standing there doing nothing and just happened to be shot! He assaulted Sgt. Sanchez and would have killed him. He acted appropriately. The DA just doesn't want ordinary citizens to be armed and wants to make an example of Sgt. Sanchez.
I vote Not Guilty.
I’m sending his lawyer $10 for his defense. Here is his address:
http://pview.findlaw.com/view/1051363_1?channel=LP
Bump
“If I was licensed in NM and did criminal defense work, I would take this case pro bono.”
I’ll assume you are, but are you an attorney?
I have the degree, but I'm not currently practicing law. I work in business.
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.