Las Cruces Fatal Burglary

[Bman505]

2 charged in fatal burglary attempt
Sun-News report
Posted: 12/29/2009 12:00:00 AM MST

LAS CRUCES - Las Cruces Police have charged two men for their alleged involvement in Sunday morning's attempted burglary that resulted in the shooting death of 27-year-old Steve A. Martinez.
Mario Lee Aguilera, 25, of the 2400 block of Moonriver Loop, and Jesus Manuel Vazquez, 27, of the 5800 block of Lassiter Road, were arrested Sunday and both have been charged with one count each of aggravated burglary with a deadly weapon and conspiracy, according to police reports. Aguilera and Vazquez were being held Monday at the Do-a Ana County Detention Center, with bond set at $50,000 each.
Just before 8 a.m. Sunday, police were called to the Telshor Manor Apartments at 1410 Telshor Blvd., where investigators were told that two men attempted to break into an apartment. A 26-year-old resident of the apartment was apparently startled awake, grabbed a handgun, and opened fire at the intruders, according to police.
Martinez was struck by the gunfire and was found dead outside of the apartment.
Shortly after the shooting, a Do-a Ana County Sheriff's pulled over Aguilera on south Triviz Drive near University Avenue in a 2003 Pontiac Sunfire in which Vazquez was a passenger.
"A very alert sheriff's deputy noticed a vehicle with expired tags and pulled it over," police spokesman Dan Trujillo said Monday. "There were two guys inside who had blood all over them. It was a bit of a red flag."
The deputy arrested Aguilera for driving while intoxicated and Vazquez on outstanding
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warrants.
According to police, Martinez, Aguilera and Vazquez had been partying when Martinez asked for a ride to collect some money. Detectives were told that Martinez led the way in breaking into the apartment, where he was shot as he entered the resident's bedroom.
Aguilera and Vazquez attempted to drag Martinez from the apartment but then fled in the Pontiac Sunfire, according to police.
No charges are being sought against the burglary victim who fired the handgun.

This happened next door to my uncle who lives in this apartment complex. He said that the police have refused to press charges against the victim but the DA can still charge him.

[357 S&W]

While sure sounds like a clear cut case of self defense. I think there is more to this story then is being reported.

[Bman505]

I think you are right. The part about collecting money!

[Darwin88310]

Just goes to show...

Even if there is more to this story than is being reported, there is likely nothing going to happen to the robbery victim. They would have to have a criminal investigation against him, I.E. probable cause, and he wasn't doing anything but sleeping. The D.A. would have to "MAKE" a case to charge him with something, and I really think they have enough on their plates than going out to make another case that a jury will more than likely dismiss.

On top of the the way the papers has framed the story, it sounds like a case can be made for mistaken identity, meaning three drunk guys broke into the wrong house...a defense attorney would have a field day with this...Just my opinion

Darrell

[AussieRogue]

Score one for the good guys :D this is my two cents worth

[Jizzle]

even if you broke into an apartment thinking it was urs and you forgot your keys or whatever... its still your bad that your dead. nm has castle doctrine.

if your gonna break in, make damn sure it's your house.

[Colt 45]

Do you have a link to the NM castle law? I couldn't find it.

Max

even if you broke into an apartment thinking it was urs and you forgot your keys or whatever... its still your bad that your dead. nm has castle doctrine.

if your gonna break in, make damn sure it's your house.

[Jizzle]

sure i'll get it for you. gimme a day or two. the internet here sucks and all my favorites are on my home computer.

[Jizzle]

never mind i remembered where it was.. here's the information that you might need. And I also included a couple case law references that you are free to look up, just google the names and the year. It'll bring up everything you need.

Section 30-2-7A NMSA 1978 provides that a homicide is justifiable when committed in the necessary defense of property. Although this statute has been a part of New Mexico law since 1907, the New Mexico appellate courts have never given the statute a broad interpretation. The New Mexico courts have consistently held, not always referring to the statute, that one cannot defend his property, other than his habitation, from a mere trespass to the extent of killing the aggressor. State v. McCracken, 22 N.M. 588, 166 P. 1174 (1917); State v. Martinez, 34 N.M. 112, 278 P. 210 (1929); State v. Couch, 52 N.M. 127, 193 P.2d 405 (1946).

[Sam]

So unless you want to be the precedent setting case, and are independently wealthy, NM functionally has NO CASTLE LAW.

That is what all that boils down to.

Sam

[mwd]

Castle Doctrine was to come to a vote in NM but got sidetracked when our wonderful politicians debated gay marriage instead.

[Jizzle]

functionally has no castle law but in writing yes? Hmm uh.. I'm confused.

[Sam]

The term "Castle Law" is ambiguous anyway.
NM doesn't have one.
Probably doesn't need one either, according to lawyers friends in Santa Fe.

The courts routinely go against the section of the SC that you cited for the reasons you listed afterward.

Sam