Support for shooter humbling, wife says(Belen NM)

KQRE ^ | 14 July, 2009 | Kim Holland

[marktwain]

They should have waited for the investigation before arresting him, charging him with murder, and requiring him to post $100,000 bond.

[fortheDeclaration]

They should have waited for the investigation before arresting him, charging him with murder, and requiring him to post $100,000 bond.

Exactly!

[Niteranger68]

I would like to know what evidence exists to support the murder charge.

[G Larry]

When you track down and kill a burglar, away from the initial crime scene, you are immediately suspect.

You're put in the position of “proving” that the perp, in turn, became an imminent threat.

I believe that's clearly true in this case, but it answers your question.

[lbama]

In a state that elects people like Bill Richardson, you can expect just about anything.

[Texas Fossil]

Belen NM is a good town, but your family name has a lot to do with how you are treated by the law.

I lived in NM for 14 years, and have friends in Belen.

NM is still a very different State.

[DB]

Not quite.

The “crime scene” was the perp attacking the man in his car. When the perp broke through the glass the man shot the perp.

If those are in fact the facts of the case, case closed.

[Adder]

They may try to argue that he sought trouble by following the vehicle instad of merely taking down the license number and reporting it to the “authorities”.

I can almost hear that line.

[Quick Shot]

The ‘room temperature guy’ was the evidence, but I don't agree with the charge. Should have been charged after the investigation not before.

[Islander7]

I read these sorts of stories and thank the Good Lord I live in Mississippi. Our LEO, mostly, operate on COMMON SENSE. Can’t say the same for my mayor though, I’ll allow you to guess her party affiliation.

Several months ago, a 79 man heard someone breaking down his door. It was about 4 in the afternoon. He shot the guy twice with a 45, through the door. No charges were filed; the DA determined it was self defense. Seems the perp had a long record. There was no reason for him to be whacking on the old man’s door other than to break in.

[G Larry]

Yes “quite”!
The point I made about the reason for the murder charge is accurate.

Your point about why it is self-defense is unfortunately what the victim is in the position of having to prove.

[PIF]

“I would like to know what evidence exists to support the murder charge.”

He’s a Marine. What other evidence do they need?

[MindBender26]

In some states, even though Sgt. Sanchez was the victim of an unprovoked assault and was being attacked in his car, he would be required to take “reasonable and prudent” steps to avoid the assault, drive away, etc. That was the case in FL up until a few years ago.

The Make My Day law changed that.

[Tijeras_Slim]

I would like to know what evidence exists to support the murder charge.

The Gabaldon's are a powerful family, Sanchez is the wrong clan. The DA Martinez had dismissed "assualting an officer" charges 3 times on the dead perp in the past.

It's a very New Mexican thing.

[Colvin]

This guy is probably NOT a running away risk.
No need for bail or an arest. Just put him on notice not to leave town.

[KarlInOhio]

The Gabaldon's are a powerful family, Sanchez is the wrong clan. The DA Martinez had dismissed "assualting an officer" charges 3 times on the dead perp in the past.

I just did a search on Gabaldon and New Mexico. You aren't kidding about that. I guess it would be like shooting one of the Kennedy cousins while he's committing a crime in Massachusetts. Even if he's not a part of the main family, just the last name would bring down the law on anyone who crossed him.

[Tijeras_Slim]

That’s about the size of it.

[politicalmerc]

It looks like a pretty clear case of self defense to me.... He didn't go looking for a fight. He was in his own property. They committed a violent act (breaking the window to "get at" him). They just picked the wrong guy to "get at." Sad that he has to be inconvenienced with pin-headed prosecutors.

We had a similar case here in Atlanta. Our prosecutors made an unusually correct decision. A handicapped 65 year old man in a van was stopped by a much younger man because of road rage. The younger man got in front of the older man's van and was threatening to drag him into the street and kill him. The Older man pulled a .357 and shot him dead through the windshield. Case closed. Guess that was the wrong old man to pick on.

[Niteranger68]

When you track down and kill a burglar, away from the initial crime scene, you are immediately suspect.

According to the story, he followed them (completely legal) and ended up being attacked by one of them. He did not "track down and kill" the suspect.