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View Full Version : Shooting in Belen, Justified or Not?


Chuck
07-10-2009, 03:11 PM
This is the story as reported by KOB:

http://www.kob.com/article/stories/S1013253.shtml?cat=0


Shooting raises question of self-defense

A bizarre shooting in Belen leaves a former corrections officer dead, and a former Marine in jail charged with his murder.
The shooting is once again raising debate over what's considered self defense.

The brother of the person who was shot and the suspect's friend each have very different opinions about what happened.

The incident happened around 10:15 Saturday night at Enchantment Propane. Evidence of a break-in was still visible on Sunday. The murder that happened in the midst of the burglary is likely going to extend a long-standing debate for years to come.

Louie Gabaldon still has a lot of unanswered questions about the death of his little brother, 29-year-old Gary Gabaldon, killed on the night of July 4.

"Gary would never steal from anybody. He's not a thief, and nobody deserves to kill anybody or shoot anybody and try to justify self-defense. You don't kill anybody, you just don't," Louie Gabaldon said Sunday.

Gabaldon says his brother was a former corrections officer.

Deputies say 38-year-old Luke Sanchez, a former Marine who served as a military policeman, was driving back to his farm in Belen when he spotted Gabaldon and another suspect stealing supplies from Enchantment Propane.

They say Sanchez called police, but also drove closer to the suspects to try to get their license plate number.

Deputies say he got too close-- Gabaldon spotted him, ran over to his car and broke the driver's side window.

David Dawson is close friends with Sanchez, and says he was just defending himself.

"They were bashing his windows in and he was screaming for them to leave him alone," Dawson said.

After a short fight, deputies say Sanchez pulled out his gun and shot Gabaldon in the head, killing him.

Sanchez remained on the scene until he was arrested.

The other suspect took off and is still on the loose. The suspect's vehicle was recovered, along with the stolen property.

Dawson told Eyewitness News 4 on Sunday, "So they've actually got him locked up right now for trying to defend himself from people bashing in his car to try and get at him."

Deputies say investigators had enough evidence to determine it was not self-defense, but murder.

Valencia County Sheriff's Deputy Chris Trujillo said, "We rely heavily upon our citizens, our residents of the county to report crimes to us. We never want them to approach these individuals, or get within close contact where something like this could occur."

Gabaldon says his brother and Sanchez, at one time, were family.

"Well I know that Luke Sanchez was the cousin of the father of my brother's ex-girlfriend, and there's more to it of this story than what's being said, and I'm going to get to the bottom of it," he said.

Friends of Sanchez say he is scheduled to be arraigned on Monday. They hope the judge will drop the murder charge. Gabaldon's family hopes that charge remains.

Scooter
07-10-2009, 03:30 PM
Is there that much of a question here? Here is a former Marine police officer...he knows what imminent danger is. He called 911 to report the crime, and even after shooting the suspect remained at the scene. The quilty run, not those just trying to defend themselves. And the justification that the suspect was a former corrections officer means that he couldn't have been stealling makes about as much sense as Sanchez was a Marine so he wouldn't have just murdered someone. Yet still he is charged with murder. Sounds like the media got involved too quickly on this story. It will be interesting what the judge has to say at the arraignment. hopefully justice will prevail and not the media on this one.

OM44
07-10-2009, 06:08 PM
It is my understanding that Albuquerque is an anti-gun city, so the marine
may be toast. This is very sad.

The moral of the story is: don't try to help the police in Albuquerque or
surrounding towns.

"No good deed goes unpunished!"

Jizzle
07-10-2009, 10:01 PM
The DA already dropped the murder charge. I was on the news either last night or the night before. Check out the thread at

http://opencarry.mywowbb.com/view_topic.php?id=28147&forum_id=39&jump_to=473381#p473381

Chuck
07-11-2009, 01:16 AM
Jizzle,
the Valencia County Magistrate Court does not show the charges dropped. Mr. Sanchez is still bound by an order setting his conditions of release and he has a preliminary hearing scheduled for July 17.

Which news outlet did you find that the charges were going to be dropped? Maybe that reporter was premature in the story the charges were dropped like this arrest was premature?

This is one of those cases where it is difficult to tell whether the news reporting is leaving out an important detail that would help us understand why this is not a justifiable act of self defense or if the law enforcement officers made a bad decision.

The news story made the circumstances sound like Mr. Sanchez was attacked by someone that just committed a burglary and had the means to break out his vehicle windows while he was inside his vehicle. That puts Mr. Sanchez within reach of an attacker that would seem to me to present an imminent threat of serious harm. It just did not make sense to me to arrest Mr. Sanchez if he had a righteous claim to self defense. It would be normal for a thorough investigation to take place and the facts presented to a grand jury. Something about this arrest or the news reporting just is not right.

If a reporter in the Belen area gets a copy of the probable cause affidavit on this case and will post it online, that may clear up a few things.

OM44
07-11-2009, 08:35 PM
I just realized something, that this is only the second time I've heard of
someone with a NM CCW using a firearm. The first and only other time I've
heard about was that guy in Walmart in Albuquerque.

I hope this one turns out as well as that one did.

Have there been other incidents that I have not heard about?

Scooter
07-11-2009, 08:48 PM
I just realized something, that this is only the second time I've heard of
someone with a NM CCW using a firearm. The first and only other time I've
heard about was that guy in Walmart in Albuquerque.

I hope this one turns out as well as that one did.

Have there been other incidents that I have not heard about?

Is anyone certain this guy had a permit? I saw that they said he pulled a gun from his vehicle which in the state of NM does NOT require a permit. NM views a persons vehicle as an extension of their dwelling/property (I'm not certain on the exact wording) and allows for concealment of a firearm within the vehicle with no permit required.

OM44
07-11-2009, 09:54 PM
You brought up a point. I just assumed he had a CCW. I went back and
re-read the original article and nowhere was CCW mentioned. Perhaps he did
not have one and that may be at least part of the reason he was arrested.

More information is needed!

Jizzle
07-11-2009, 11:19 PM
hmm. it was the 10 O'clock news. I think it was on NBC but i could be wrong. It was on wednesday or thursday night. i guess the reporters were jumping the gun so to speak. i always love how they do that.

sinclair
07-14-2009, 12:08 AM
My favorite gun forum has just discovered this. Some of their discussion
may bring new details to light. Here it is:

http://www.thefiringline.com/forums/showthread.php?t=367222

Garcia
08-06-2009, 06:25 PM
I was wondering if there is any more information about this situation.

Chuck
08-10-2009, 09:02 AM
. The last entry in the court records shows defense filed discovery motions. There was nothing remarkable there.
The last news stories I found were on KRQE. They have the 911 call Mr. Sanchez made during the incident and an interview with his wife. I have not yet found a copy of the probable cause statement. I did not want to have to stop in the Valencia County courthouse to get it. That would be a long trip just to satisfy my curiosity.
.
. I should caution everyone on passing judgement based on what is in the news. I have dealt with the news media for many years before I retired. I have met only one reporter that took the time to confirm quotes before he printed them. In every other case in which I was interviewed by newspaper and TV reporters they misquoted me to some degree. Sometimes they were just paraphrasing and unintentionally changed the meaning of my statement, sometimes they had other agendas. I have sent written PSAs to the local paper and they still got at least some of it wrong despite getting the information in writing! I was once quoted in an interview to the El Paso Times that I never gave! I suspect the reporter got a copy of an official report I wrote or maybe the charging documents and made it up from there. I could go on for a while with the inaccuracies, laziness, and sometimes dishonesty I have seen from some of these folks but you get the idea.
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. For people that CCW in NM it is worth your time to follow this case. There are already a couple of lessons to be learned about tactics and how you may be treated after a self defense shooting.