Self defense shooting in NM


C

ClearSightTactical

New member
Good afternoon

I appologize if this was posted elsewhere, I could not find it.

Several months ago Luke Sanchez shot and killed Gary Gabaldon in Los Lunas.

Here is the original story:
Man Charged With Murder For Shooting Burglarly Suspect - The Dreamin' Demon

I hadn't seen any discussion on it, and was curious what everyone thought. I cannot believe they actually charged him with murder!

Luke Sanchez, 38, was driving back to his farm when he noticed two men burglarizing a nearby business. Sanchez called police and attempted to follow the vehicle of the men in an attempt to get a license plate number. The two men noticed they were being followed by Sanchez and pulled over, the passenger, Gary Gabaldon, got out and began punching out the windows in Sanchez’s truck. Sanchez then pulled out his handgun and shot Gabaldon after several verbal warnings to "Stop, get back" had failed, killing him. The driver of the other vehicle drove off and Sanchez has now been charged with murder.
 

Two against one? Assailant continued the assault after being warned? I'd say Mr. Sanchez was in fear of his life and acted accordingly. Had he started an altercation of some sort, I could see some charges being brought...but this is not that kind of situation.

Still, I'm going to guess that the fact that he did not flee the situation by driving away is what brings the charges here. We can only hope that a jury fails to indict him or determines him to be not guilty.
 
I agree it is in the hands of the Jury. Prosecutors try to apply their interpretations of the laws as written. In AZ we had a guy get road rage charges filed against him for chasing after the person who hit his car to get the plate #. We all have to be really careful not to be seen as escalating confrontations. We now are allowed to carry in bars and restaurants as long as we don’t drink. I fear that the same people who would have left long before trouble started will feel safer now that they have a gun and even if justified will finish some disfunctional dolt with deadly force when cornered. The aggressive have been safe to this point to punch and poke the meek without fear. Does your state allow guns in places that serve alcohol by the glass? Has this come up anywhere else? Id like to know whats happened over time.
 
I think they are trying to make an example of him. According to this story, Link Removed it's not his first time playing hero. As far as I'm concerned, twice in one year is not a good sign for the guy. It's almost like he's out looking for trouble, but the jury is going to have to decide.
 
He followed 2 men who he witnessed burglarizing a nearby business. To me it sounds like he put himself in harms way. Personally I would NEVER try to follow someone engaging in a criminal act. Had he called the police and reported what he saw and not followed them, he wouldn't have been in a situation where he would be forced to use self defense. Should he be charged with murder? Tough call.
 
Now we're on an interesting board! I mean no disrespect to anyone. However, I find it disappointing that people would feel like he put himself in harms way. He had legal justification to do more than what he did.

Legally, he had every right to go as far as detaining the individuals as he had witnessed a felony crime (citizens arrest is still legal and happens all of the time).

I think its important to remember, that he's not in a crown victoria wearing a duty belt equipped with handcuffs, etc. He chose to attempt to identify a vehicle. Perhaps, because he is fed up with his community being burglarized, and robbed. The criminal made the choice as far as i'm concerned. Here is the audio tape to 9-1-1 he clearly warned the criminal to stay back. If you keep coming at someone with a gun you're not stable (IMHO).


YouTube - Audio: Luke Sanchez 911 call
 
I agree, these were BG involved in criminal activites. Maybe this is the reason we are having problems, we have the idea that protecting our community is the other guys responsibility. We will protect our home, but what about our neighbors?

The right to bear arms has only been guaranteed to the ruling class. We are adamant about our rights, but how about our responsibilities? As members of the ruling class of our nation (we are, by the way, in spite of what Nancy might want us to believe), what responsibility do we have to protect our community, not just ourselves. What responsibility do we have to correct the behavior of those we feel are acting against the best interests of our community? Do we walk over to the guy throwing his litter on the street and tell him to pick it up? Why or why not?
 
ClearSightTactical said:
I think its important to remember, that he's not in a crown victoria wearing a duty belt equipped with handcuffs, etc. He chose to attempt to identify a vehicle. Perhaps, because he is fed up with his community being burglarized, and robbed. The criminal made the choice as far as i'm concerned. Here is the audio tape to 9-1-1 he clearly warned the criminal to stay back. If you keep coming at someone with a gun you're not stable (IMHO).
Click to expand...

I agree with your opinion, but it also sounded like he gave as much a description as possible to the 911 operator about the vehicle. IMHO, I think he took it a bit far, by stopping his own vehicle, and allowing himself to get into the confrontation. Should he be punished for shooting the BG? No, but that will be up to a jury.
 
ClearSightTactical said:
NMSA 14-5190

14-5190. Self defense; assailed person need not retreat.
A person who is threatened with an attack need not retreat. In the exercise of his right of self defense, he may stand his ground and defend himself.
Click to expand...

I knew that ClearSight, but didn't the full version of the Stand Your Ground Law include not being able to get sued by the family or BG you shot?

By the way, I appreciate the feedback.
 
H2OProofer said:
I knew that ClearSight, but didn't the full version of the Stand Your Ground Law include not being able to get sued by the family or BG you shot?

By the way, I appreciate the feedback.
Click to expand...

Hmm, I had always heard of criminal/civil immunity as the "castle law". In 2008 a NM a senator attempted to create protection for those who use deadly force within the law but the legislature shut it down, citing that "everyone deserves their day in court"
 
ClearSightTactical said:
Hmm, I had always heard of criminal/civil immunity as the "castle law". In 2008 a NM a senator attempted to create protection for those who use deadly force within the law but the legislature shut it down, citing that "everyone deserves their day in court"
Click to expand...

I stand corrected. Thank you.
 
Castle Doctrine

ClearSightTactical said:
Hmm, I had always heard of criminal/civil immunity as the "castle law". In 2008 a NM a senator attempted to create protection for those who use deadly force within the law but the legislature shut it down, citing that "everyone deserves their day in court"
Click to expand...

Sometimes the state will prosecute so the self defending person is exonerated in court to preclude further litigation against the GG by the BG's family. There was a case like that in TX when I was there back in the 70s where a guy coming home form his deer lease saw a dirtbag empty his .45 into a DPS trooper's back. He took out the perp and the state tried him. The DA said on TV that they only tried him so that justifiable homicide (attempting to protect a LEO) could be shown in open court.

Of course the idiot "broadcast journalist" wanted to know if the DA was going to appeal the verdict. Never heard of "double jeopardy" I guess. Or maybe he just couldn't spell it...
 
So I've been doing more thinking about this, since I was watching the news about the hearing today and tomorrow. Sanchez didn't leave his vehicle. The BG busted out his window, and was punching him. That is the same as someone breaking down your door, at home, and punching you. Go SANCHEZ!!!


Loved the BG's cousin on the news tonight. She was saying that it was wrong that her cousin was killed for stealing. LOL.
 
I have no pitty for the criminal in this can or any case for that matter. We could talk about every type of crime violent or not it people should get involved weither its calling 911 or stopping the crime if the situation dictates it to be done safely. I just rescently got my CCW and am waiting for a good holster to start carring( the permit came faster then I anticipated ) but I have stopped a assult with my bare hands and followed a very drunk driver with the operator on the phone and also followed a burgler out of a business witht he operator on the phone, the results were not the same in this cases. I believe its everyones duty to stand up for there community. If everyone knew the good honest people will not take it lying down they will move on. Just my opinion.
 
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