Shooting charge dropped, other charges filed in protest fight (ABQ NM citizen shot attacker)

The Albuquerque Journal ^ | Wednesday, June 17th, 2020 at 4:08pm | Elise Kaplan and Matthew Reisen

[CedarDave]

ALBUQUERQUE, N.M. — The man suspected of shooting and critically injuring a protester Monday night is no longer facing charges in relation to the shooting and is instead facing charges of unlawful carrying of a firearm and battery against three other protesters.

District Attorney Raúl Torrez announced the new development at a news conference Wednesday. But he stressed that charges could be refiled as the New Mexico State Police take over the investigation.

“I want to make absolutely clear that the reason he is not facing that charge right now is because this investigation is not complete,” Torrez said.

During the news conference, Torrez revealed that he asked Albuquerque Police Department Chief Mike Geier to hand over the investigation after raised serious concerns over the investigation, calling it “fundamentally” incomplete. Those concerns revolved largely around APD’s response to the shooting, which may have compromised crucial evidence.

Torrez also said their initial reports did not include Baca’s assault upon multiple women before the shooting — which could negate any self defense claim Baca may pursue.

[...]

On Wednesday, the District Attorney’s Office charged Baca with aggravated battery, two counts of battery and one count of unlawful carrying of a deadly weapon without a concealed carry permit. Torrez said the charges stem from videos showing Baca allegedly assaulting three women prior to the shooting.

[...]

“The nature and circumstances of the offense show that defendant armed himself in advance, instigated a physical confrontation with several people, violently threw a defenseless woman to the ground, and ultimately discharged a firearm that he carried unlawfully multiple times at close range,” the motion states. “Defendant, meanwhile, did not suffer any visible injuries.”

Baca’s attorney, Jason Bowles, stipulated that he plead not guilty to all charges.

[CedarDave]

Details of the charges against him for battery against the women are shown below:

“Steven Ray Baca forcibly and, in a rude, insolent, or angry manner, pushed ‘Jane Doe 2′ and ‘Jane Does 3. Jane Doe 1,’ with her back turned to Steven Ray Baca, moved to prevent Steven Ray Baca from pushing past her”... “When ‘Jane Doe 1′ was in an apparent defenseless position with her arms out and her back turned, Steven Ray Baca grabbed her shoulder and body slammed her into a concrete sidewalk where she hit her head.'”

There was pushing and shoving by every one. These are crap charges but the DA says they negate any self defense claim Baca may pursue.

[CedarDave]

The latest from the District Attorney's office. They are determined to put this guy away for a legitimate self-defense response.

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[DoughtyOne]

Sorry but I saw the video, and that man either had a weapon
on him or he could have been dead.

Bringing him up on charges is total bull stuff!

[snarkytart]

Steven Ray Baca forcibly and, in a rude, insolent, or angry manner, pushed ‘Jane Doe 2′ and ‘Jane Does 3. Jane Doe 1,’ with her back turned to Steven Ray Baca, moved to prevent Steven Ray Baca from pushing past her”... “When ‘Jane Doe 1′ was in an apparent defenseless position with her arms out and her back turned, Steven Ray Baca grabbed her shoulder and body slammed her into a concrete sidewalk where she hit her head.'”/ / / Yea go on DA we know the tactics of ANTIFA they had their backs turned but where using the back up routine and pushing him back toward the mob that was coming after him.

[poinq]

This is a lie. The women was the instigator. She was clearly pushing her back even with her back turned. Her arms were out to stop him from being able to move forward. He was trying to get past her. He was not trying to hurt her.

[snarkytart]

He needs a better lawyer, someone who defends this man publicly because the other side is already talking about “innocent” jane doe #1 #2 and #3

[CedarDave]

District Attorney letter on asking the shooting investigation be turned over to the NM State Police (controlled by Dem governor):

Chief Michael Geier
Albuquerque Police Department
400 Roma Ave. NW Albuquerque, NM 87102

In Re: State v. Steven Baca , No. T-4-FR-2020-2778, APD CAD Incident No. 20-047933 occurring on June 15, 2020, at the Museum of Albuquerque

Dear Chief Geier:

I am writing to request that you immediately refer the investigation into the above-referenced matter to the New Mexico State Police. There are two reasons for this request. First, the criminal complaint filed by the APD Detective assigned to this case mentions the presence of undercover APD officers at the scene prior to last night’s shooting in front of the Albuquerque Museum. Unfortunately, their actions and observations during this critical time makes them key witnesses to the event and may unnecessarily complicate our presentation of the case if APD remains the lead investigative agency in this matter.

Second, I am also concerned that APD’s response to the crowd of protesters and counter-protesters after the shooting may have adversely impacted your department’s ability to collect critical evidence at the crime scene. While I appreciate the dynamic nature of the situation that your officers were dealing with, and their paramount concern for protecting lives and property, I believe that essential witnesses might be reluctant to cooperate with your agency in the aftermath of last night’s response to the situation. This concern is amplified by the fact that the original complaint filed by APD seems to omit the fact that Mr. Baca attacked an as yet unidentified woman in the crowd and, if corroborated, would negate any self-defense claim he may pursue. Corroborating this information is therefore of utmost importance to the District Attorney’s Office and we believe that it is an effort best undertaken by an outside agency.

For these reasons, I believe that referring this matter to the New Mexico State Police at the outset of the investigation will add a much needed measure of objectivity and accountability during this critical time. It will also help to mitigate the procedural complications inherent in a case of this nature.

While you consider my request to turn over this investigation to the New Mexico State Police, I would also ask that you take immediate steps to preserve all radio communications from officers present before, during and after the incident referenced above and to ask all officers on scene to prepare and submit reports about their observations as soon as possible.

Thank you in advance for your consideration of this request. Please do not hesitate to contact me should you have any questions or concerns.

Sincerely,

Raúl Torrez
District Attorney

[snarkytart]

This is a lie. The women was the instigator. She was clearly pushing her back even with her back turned. Her arms were out to stop him from being able to move forward. He was trying to get past her. He was not trying to hurt her.

.

Yep he wanted past her because Baca was trying to move away from the crowd that turned their attention to him and as threatening him. Like intentionally block my way if I’m trying to escape a burning building I might toss you aside too.

[manc]

so the guy shot should be facing battery charges as well as the other 2 thugs, and those shouting kill him should be charged with threatening , inciting violence and assault.

[Dacula]

Modern-day America. Conservatives are guilty and must prove their innocence and rates get away with the cheese.

This is democrat run New Mexico after all.

[Still Thinking]

“I want to make absolutely clear that the reason he is not facing that charge right now is because this investigation is not complete,” Torrez said.

BS. If the investigation isn't complete now, then it was obviously also not complete when the previous charge was filed. Would you like some time to confer and come up with a new fiction?

[snarkytart]

If you’re a conservative, just move from these Marxists states. Why even live where the state government is actively trying to put you in jail or allow you to be killed by their foot soldiers.

[DoughtyOne]

I’m debating right now whether to carry concealed.

Not going out to cause trouble. It would be carried as
I go about my personal business. I don’t go to protests.
Just want to get food and other necessities.

I’m not going to allow hoodlums to get me on the ground and
injure me for life. And where I live, you can’t get a
permit as a normal private citizen.

This is a piss poor time to file charges against a man
who clearly would have been terribly injured without the
gun.

Folks, my personal preference is not to put myself in
potential harms way. If this guy was out there shooting
his mouth off engaging and asking for it, I might change
my mind.

If a groups is out there acting the part of a posse to
try and ensure peace when the police are ordered not to,
I’d have a hard time charging them either.

[snarkytart]

BS. If the investigation isn’t complete now, then it was obviously also not complete when the previous charge was filed. Would you like some time to confer and come up with a new fiction?
.
.
The left isn’t ethical or strong enough to run anything let alone a state.

[snarkytart]

Folks, my personal preference is not to put myself in
potential harms way. If this guy was out there shooting
his mouth off engaging and asking for it, I might change
my mind.
..
.

So...in your mind it’s okay to chase down a person retreating and knock them to the ground and attack them with weapons if he said something mean?
oooooooookay.

BTW the man was also a bit older than these loser thugs too.
It’s not easy to be knocked down by four or five people in your late 40s who are at least 10-15 years younger.

[Fedora]

The nature and circumstances of the offense show that defendant armed himself in advance

This does not automatically imply premeditation, despite the D.A.'s insinuation.

[DoughtyOne]

He needs a top level big name team they can’t bamboozle.

There were no innocents around him. They were all closing
in for the kill.

And if someone was hit at a distance, I’m sorry, but they
chose to be out there playing around in essentially a war
zone.

[Tired of Taxes]

Where are the videos showing him pushing or hitting anyone before he was attacked?

Seriously just asking. I haven’t found those videos, yet.

[CedarDave]

Two sentences I didn't include in the original post:

The District Attorney’s Office has also filed a motion to detain Baca until trial. That motion will be decided at a hearing.

They really, really want to get him. Can't have anyone stand up against the peaceful protestors (AKA rioters). That's why the ABQ police hid behind the ABQ Museum and refused to respond to 911 calls asking them to stop the property destruction (something like Minneapolis and Baltimore where they were told not to interfere with the rioters). They didn't show up for 5-10 minutes after the shooting and then faced the abuse of the crowd. While waiting for the police the mob would have killed Baca if it hadn't been for the "civil militia" who protected him from action, notwithstanding he still had a weapon.

[ocrp1982]

I hope this guy has a Carry Legal Coverage plan. The NRA, GOA, and a few other companies offer such legal representation. Any citizen who carries a weapon for self-protection must have such legal assistance protection. If you carry and don’t have such protection I strongly suggest you get it ASAP.