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http://www.kob.com/article/stories/S1245486.shtml
Officers say a National Guardsman shot a Las Vegas man three times after the two got in a fight on the road.
Police say National Guardsman Richard Baca, 21, was stopped at a light Monday night in Las Vegas, N.M.
Court documents indicate that Benito Lemos, 22, thought Baca nearly hit the car he was riding in with his family. Lemos got out and approached Baca's car at the traffic light. Baca told police Lemos started punching him in the face.
According to court documents, Baca told Lemos he had a gun and ended up firing shots.
A friend of Lemos' heard the shots. He says he walked over and saw Baca arguing with a woman described as either Lemos' wife or fiancée.
"He still had the gun out and he insisted, he kept telling her, 'Yea, I shot him. I shot him. What the (expletive) is your problem letting him get out of the car,'" the witness said.
When officers arrived, Baca was giving CPR to Lemos.
Witnesses who knew Lemos paint a different picture of the altercation. They say they never saw Lemos punch Baca. And after the shooting, they say Baca started cussing and yelling at the victim's wife with the couple's two young children watching from Lemos' car.
They also say Baca didn't start performing CPR on Lemos until police arrived. Lemos' friend, Julian Gallegos, calls the killing cold-blooded murder.
"Even if he is trying to say it was self-defense or whatever, my friend Benito didn't even have shoes and socks on. He was out here taking his family out to get some dinner," Gallegos said.
Witness Mark Durant watched Lemos die.
"We just stood there over Benito--he wasn't even breathing. We saw him take his two last breaths and it was horrible," Durant said. "It was like a nightmare."
Baca is in New Mexico on leave from Iraq. He is part of the 720th Transportation Company.
His aunt in Los Lunas said he was visiting his grandparents and dad in Las Vegas. She says Baca is not the kind of person would start a confrontation. She wonders why Lemos would get out of the car and not just let it go.
The Las Vegas police chief says that it will be up to the district attorney to decide whether this is a case of self-defense. Right now, he faces an open count of murder.
Officers say a National Guardsman shot a Las Vegas man three times after the two got in a fight on the road.
Police say National Guardsman Richard Baca, 21, was stopped at a light Monday night in Las Vegas, N.M.
Court documents indicate that Benito Lemos, 22, thought Baca nearly hit the car he was riding in with his family. Lemos got out and approached Baca's car at the traffic light. Baca told police Lemos started punching him in the face.
According to court documents, Baca told Lemos he had a gun and ended up firing shots.
A friend of Lemos' heard the shots. He says he walked over and saw Baca arguing with a woman described as either Lemos' wife or fiancée.
"He still had the gun out and he insisted, he kept telling her, 'Yea, I shot him. I shot him. What the (expletive) is your problem letting him get out of the car,'" the witness said.
When officers arrived, Baca was giving CPR to Lemos.
Witnesses who knew Lemos paint a different picture of the altercation. They say they never saw Lemos punch Baca. And after the shooting, they say Baca started cussing and yelling at the victim's wife with the couple's two young children watching from Lemos' car.
They also say Baca didn't start performing CPR on Lemos until police arrived. Lemos' friend, Julian Gallegos, calls the killing cold-blooded murder.
"Even if he is trying to say it was self-defense or whatever, my friend Benito didn't even have shoes and socks on. He was out here taking his family out to get some dinner," Gallegos said.
Witness Mark Durant watched Lemos die.
"We just stood there over Benito--he wasn't even breathing. We saw him take his two last breaths and it was horrible," Durant said. "It was like a nightmare."
Baca is in New Mexico on leave from Iraq. He is part of the 720th Transportation Company.
His aunt in Los Lunas said he was visiting his grandparents and dad in Las Vegas. She says Baca is not the kind of person would start a confrontation. She wonders why Lemos would get out of the car and not just let it go.
The Las Vegas police chief says that it will be up to the district attorney to decide whether this is a case of self-defense. Right now, he faces an open count of murder.
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