Self defense shooting in NM

[ClearSightTactical]

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.

[Booga]

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.

[Mitchell3006]

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.

[H2OProofer]

I think they are trying to make an example of him. According to this story, The News-Bulletin: Second burglary suspect charged, Sanchez released from county jail 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.

[Mes0hemi]

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.

[rawhide]

Does NM have a stand your ground law?

[ClearSightTactical]

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

[Wolfling68]

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?

[H2OProofer]

Originally Posted by rawhide

Does NM have a stand your ground law?

I don't believe NM has adopted the stand your ground law.

[H2OProofer]

Originally Posted by ClearSightTactical

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).

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.