Belen Shooting

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It is going to be interesting to see how this plays out. Looks like shooter knew suspect.

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

Man jailed after killing burglary suspect A former Marine is charged with murder after he tried to bust two burglary suspects Saturday evening outside a construction business in Belen. 38-year-old Luke Sanchez was jailed Sunday, charged with one open count of murder. Friends of Sanchez say he's a former marine who served as a military policeman.

...

Deputies say Saturday night, Sanchez was driving down Highway 314 around 10:15 p.m. when he spotted two men leaving Enchantment Propane in a rush.
Deputies say the two men had just burglarized the place.

Sanchez got behind their vehicle to try to get a plate number. That's when deputies say the suspects stopped and one of them got out and approached Sanchez and smashed out his window.

After a short fight, deputies say, Sanchez pulled out a gun and shot one of the suspects in the head, killing him.

The other suspect took off and remains on the loose. Deputies were able to recover the vehicle, but say they have a lot more to investigate.

Valencia County Sheriff's Deputy Chris Trujillo said Sunday, “We're going to continue interviewing the witnesses on scene, as well as try and determine who that second suspect was that fled the scene, and get him charged as well.” Friends of Sanchez say this is not the first time he's caught suspects committing a crime. They say he's been burglarized repeatedly out on his farm.

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I don't understand why they charged him with murder. Does NM not recognize a shooting was in self defense when someone is trying to pull you out of your car while assaulting you? I feel sorry for anyone that gets carjacked....

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I guess if you're armed in New Mexico that you shouldn't try to get the license plate of a vehicle that is involved in a felony! In fact, I guess you shouldn't even report a crime in progress! Why get involved?

If the facts are as stated in the reports, this is an absolute outrage! This guy should be treated as a hero, not arrested for murder. He stopped a burglary in progress; one criminalwon't be committing anothercrime- what's the issue?

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Don't be too hasty in your comments. At this point, all anyone knows is what the MSM [and in NM, that MSM is far left] tells you. There's much more to this than has been reported.

One comment that should tell you which direction the MSM wants to slant the story was: A bizarre shooting in Belen leaves a former corrections officer dead, and a former Marine in jail charged with his murder.

What does his past employment have to do with the possibility he may have been an actor in a burglary? If they were not involved in that burglary, why is his accomplice not stepping forward to tell officials what happened?

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Even worse is the Albuquerque Journal headline today which screams "SELF-DEFENSE or VIGILANTE MURDER"! As I read it, the burglary suspect (Galbadon) came to the car windowof the former Marine Luke Sanchez who was still on the phone with 911 and broke the driver's window and hit Sanchez in the face several times. I would have shot Gabaldon also. It is a shame that the District Attorney's office stated" "Regardless of how the defense sees the case, a man is still dead, shot by the defendant." He should not be a defendant and the District Attorney should not have charged him with murder.

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And this DA should be unemployed.:banghead: Ace

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On the TV news last night we also find out that this Marine hero also apprehended and held two burglars at gunpoint this past April. He saw the crooks walking on a ditch bank with stolen laptops and held them until police arrived. We need more citizens like this that are willing to stand up to the crime in this country. He uses his weapon as it is intended- to protect himself and others. I applaud this guy and am amazed that he has been charged with murder. At least his community is behind him. I hope it does not go all the way to trial, but if it does he will be acquitted.

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Here is a copy of the KOB TV report:

DA maintains murder charge in killing

A former Marine charged with murder is back at home in Belen Wednesday after his family bonded him out.

Luke Sanchez told authorities that a burglary suspect attacked him Saturday, forcing him to shoot. Many are urging the DA to drop the murder charge, saying the killing was in self-defense.

But Valencia County Lemuel Martinez says a lot remains unknown about the case. And until more is learned, the murder charges will stand.

"Until we know all of the facts, right now all we have is his side of the story," Martinez said. "It's very difficult to get the dead man's story, and it's very difficult to get the person that fled."

Sanchez, back at home in Belen, refused to talk to reporters.

But friend Jimmy Thompson says Sanchez told him he was pushed into shootingthe suspected burglar.

Sanchez spotted Gary Gabaldon and another man the night of July 4 acting suspiciously outside a propane business. Investigators say the men were stealing supplies.

Sanchez told deputies he was recording the suspect's license plate number when Gabaldon went after him, breaking the windows of his truck trying to pull him out.

Sanchez shot and killed Gabaldon, say deputies. The other suspect got away.

Martinez says as far as the law goes, self defense means the use of as much force as needed to repeal or neutralize an attack.

So, if a person shoots someone attacking with a stick, it would be excessive and charges would follow. But if you shoot someone who is about to shoot you, it's considered self-defense. [/i][/b]

The DA is urging any witnesses to the shooting or anyone who has additional information about what happened to come forward.



Does anyone know where they got the idea that someone had to have a gun aimed at you before you can shoot them? They make it sound like you cannot use a firearm unless they have a firearm!!! That is incorrect, but I do not know where they got that.

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snoball wrote:

Martinez said. "It's very difficult to get the dead man's story, and it's very difficult to get the person that fled."

Martinez says as far as the law goes, self defense means the use of as much force as needed to repeal or neutralize an attack.

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It's very difficult to get the dead man's story... Not impossible I guess. Are they going to interrogate the dead man? Sounds about right for this state. I mean if they find the other guy and get his story it's still not the dead guy's story right?

Also, I thought self-defense meant just that: Self Defense. You defend yourself from harm or death by any mean's necessary. Come on people... If a woman who is about to get raped pulls out a tire-iron from her trunk, and the man is unarmed is that excessive force? This state (and nation for that matter) is getting ridiculous with the "feel good", "self esteem", political correctness.

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Funny how when it's a police officer involved shooting its always justified even when the suspect is not armed with a gun, but another type weapon.

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snoball wrote:

SNIP But friend Jimmy Thompson says Sanchez told him he was pushed into shootingthe suspected burglar.

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Memo to self:

1) Don't tell friends anything after a defensive shooting.

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44HP wrote:

Funny how when it's a police officer involved shooting its always justified even when the suspect is not armed with a gun, but another type weapon.

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That is a very good point. If a person is coming at a police officer with a baseball bat they can use deadly force...no firearm is needed by the perp.

I am hoping there is enough community outcry that the looney Prosecutor drops the charges.....of course they will say they "discovered something". But all they need to do is look at the circumstances. Did the Marine hit himself in the head and break his own window....after shooting an innocent man? Of course not. This poor man is going through hell for being an outstanding citizen protecting his neighbors and friends.

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Thank you for responses. Based on the published info this seems to be a good shoot, defensive. Apparently there is some obscure relationship between the shooter and the thief. Maybe the DA felt obligated to do more investigation. He could have done it just as easily without holding Luke behind bars.



The TV news tonight hinted that the DA may not press charges. Nothing confirmed, but I think the DA is hearing the public outcry.



The Marine’s reason for shooting was that he was being threatened. The comments on the TV websites show that too many people think it was because he “was playing cop.” We do know that he was sitting in his car and was on the phone or had called 9-1-1.His window was broke out. Doesn’t sound like a cop to me.

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News is coming out that the dispatcher on the 911 call ASKED him to try to get the license plate. How is that vigilantism?

-Space

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wow. i wish DAs could be held accountable for their shitty decisions. look at what he's putting the family through for the sake of "justice" and will probably end up dropping the charges all together, so this will all be for nothing. AWESOME! (heavy sarcasm for those that are a bit thicker than others).

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On the news last night the reporter asked the ignorant sheriff why they charged him before they investigated. He replied that he admitted shooting the man!!!!! No kidding. Did he not realize that he was on 911 and was assaulted after having his window broken out? A rural area in Valencia county is a strange place to arrest an honest farmer that has a history of helping the police and community. Usually they are more understanding of these situations that the big cities.

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this is EXACTLY why if it does not personally concern you--stay out of it.

but what I found "funny" was this comment from the brother, with what I am looking at addressing in bold "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.


SO according to the brother--there is no such thing as self-defense. Great, there goes all of the police shootings of criminals, swat raids, and war--because war is legalized killing on a massive scale. Criminals can no longer shoot or hurt anyone, the police can never use force against criminals, and the military can never conduct warfare....GREAT, now everyone from the government, to the military to the criminals can all get rid of their guns--and then the people can do the same. While this shooting could have been avoided, the brother is not the brightest bulb if he thinks there is never a justified use of self defense.


You DO defend yourself when you or your family is threatened--but you should never stick your nose into business that does not concern you. And THAT is exactly what has the former marine in jail now--whereas if he had simply minded his own business he might still be free.

There is a thing called self-defense, but if the liberals have their way--it won't last long.

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SpaceCase wrote:

News is coming out that the dispatcher on the 911 call ASKED him to try to get the license plate. How is that vigilantism?

-Space

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if I had called 911 and they asked me to do that, I would have told them to do it themselves if they want it, and then hang up the phone.

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Citizen wrote:

snoball wrote:

SNIP But friend Jimmy Thompson says Sanchez told him he was pushed into shootingthe suspected burglar.

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Memo to self:

1) Don't tell friends anything after a defensive shooting.

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(2) always keep your mouth shut and never make a statement until AFTER you speak to your lawyer--and then let them talk for you.

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44HP wrote:

Funny how when it's a police officer involved shooting its always justified even when the suspect is not armed with a gun, but another type weapon.

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Isn't it great to have two sets of rules--one for the common peasants and one for the "specialized classes" such as "police" and "politicians"...