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Shooting raises question of self-defense

Posted in the Los Chaves Forum

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bigdog1

San Jose, CA

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#86
Nov 9, 2009
 
I looked at other news occuring down in that area and I found that an 11 year old shot and killed his dad. What's going on down there in NM??? At least I found out that the football team in the town of Belen rocks, any college level players there?
nm law

Albuquerque, NM

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#87
Nov 9, 2009
 

Judged:

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Softlanding-I believe that political pressure did have an impact on the charges that night. I think you should give Sanchez the benefit of the doubt. Innocent until proven guilty. Charges dismissed-no case. He was charged at the scene about 45 minutes after the shooting. Investigations like this usually take 8-10 hours, at least. You want to convict him because he followed them and was unable to escape before being attacked? That's not a crime. There is no duty to retreat in New Mexico.
They were the criminals that night. He was being a good citizen. He had to go down Gabaldon Rd to get home. To take a different route would have taken him a lot longer to get home. In his statement to police he stated that he believed these thieves were long gone after they turned onto Gabaldon Rd. Why go across town if you think they are long gone? I am former LE, trust me when I say this-burglars run. They don't stick around for any reason. They are like cockroaches. When the light comes on, they scatter. This man was a violent, psychopathic, alcoholic criminal. Sanchez is lucky to be alive. We need the Castle Doctrine in New Mexico.
soft landing

Albuquerque, NM

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#88
Nov 9, 2009
 
nm law wrote:
Softlanding-I believe that political pressure did have an impact on the charges that night. I think you should give Sanchez the benefit of the doubt. Innocent until proven guilty. Charges dismissed-no case. He was charged at the scene about 45 minutes after the shooting. Investigations like this usually take 8-10 hours, at least. You want to convict him because he followed them and was unable to escape before being attacked? That's not a crime. There is no duty to retreat in New Mexico.

They were the criminals that night. He was being a good citizen. He had to go down Gabaldon Rd to get home. To take a different route would have taken him a lot longer to get home. In his statement to police he stated that he believed these thieves were long gone after they turned onto Gabaldon Rd. Why go across town if you think they are long gone? I am former LE, trust me when I say this-burglars run. They don't stick around for any reason. They are like cockroaches. When the light comes on, they scatter. This man was a violent, psychopathic, alcoholic criminal. Sanchez is lucky to be alive. We need the Castle Doctrine in New Mexico.
What political pressure do you think was brought to bear that night? How did it make worse the fact that he stopped his truck and did not avoid them by continuing on his way?

No I do not necessarily want to convict him. I have not said that. I think he started out that night in chase as a good citizen, but I wanted him tried, to hear answers. I would like to know why he did not pass and go around them. Better yet, head on down the frontage. So he would have had to go farther if he had stayed on the frontage? He knew they were dangerous, and he could see where they were, he knew by then they were not long gone. Why not correct the beginning turn and continue south?

It was certainly worth a little extra time to take the long way home (and not all the way across town) and avoid them.

I'd like questions answered that I'm told were not answered at this hearing to decide whether to try him. But I guess they won't be answered unless the Gabaldon family pursues it.

And yes, I agree Gabaldon was vio;ent and alcoholic and that Sanchez was lucky to have escaped with his life after he stopped his truck,( and possibly left it, and got back in.) His good luck does not mean he did the right thing when he stopped the truck, he may have meant to try to hold them at gunpoint. And could he have avoided a head shot, and shot to wound? I'd like confirmation that he could not do that, after I hear why he did not pass by that minivan to go home, instead of stopping.

It's quite possible Sanchez stopped being a good citizen when he saw who the thief was and knew he could save his cousin's daughter a lot of trouble, too, and I would like that addressed too.

There are loose ends in this case. Many here seem to equate being tried with being found guilty; they are two different things. But I guess we will have to agree to disagree about whether Sanchez should have been tried, at least till there is more on the story or I can listen to the recording of the hearing, I've no more to say about the case.

You are former LE, and you may be correct about castle doctrine, but I am not sure you are being objective about no need to try Sanchez. So I want to read more about castle doctrine before I form my own opinion.
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