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.

[mom4many]

This DA is a joke. Makes ya wonder who's blowin him to keep the charges in place.But then it's Valencia County they are all jokes.

[davesam55]

This is not what the criminal code says or training I have received before!! Too many fine Law Enforcement Officers have died as a result of this type re-enforcement, application and training...I disagree with the DA's remark on the use of force theory and I know many experts in the use of force would too!! Any use of force rmains the most contentious and scrutinzed by every critic of any real or perceived reason. I would look at the Criminal Code NM State for self-defense law for the answer. By the way baseball bats, knifes, and other weapons Kill!

[what the]

would they treat him the same as the man who killed the 2 teenage girls who were breaking into his house. i wonder if he would be treated different if he was a white man

[Ken]

So I would shove the stick up his a$$ and get sued. Great. You don't need a gun to take someones life. If someone is violently attacking me, I have to assume that he wants to take my life. Self defense would be to use a resisting force to permanently eliminate his next step. If it looks as though you could beat the snot out of him but he will keep coming back at you, where do you stop? As far as I can see, if the assailant was willing to do bodily harm to me, and I was unable to resist, a gun would be the equalizer. My role in life is not to have every bone in my body broken just because I can't stop the attack in my own strength.

[Texas]

so the law is that you have to wait until you know that the other person has a gun before you shoot? nice. if someone was attacking me, trying to pull me through a truck window, i don't think i'd wait to see what kind of weapon they had before i took a shot. i'd be fearing for my life. if i was on that jury, Sanchez would be home with his family before sundown.

[Ross]

The fact that the "witness" left says to me he knew he was in the wrong, and has still not come forward. Release this guy.

[daniel]

All that matters in this case is jury nullification.

End of discussion. The hero will be acquitted

[lime]

If this were a cop he would be called a hero by his department and it would easily be justified.

this DA is f---'d up, this might not set in too well in Belen being a small town and all and a punk DA

[Kenneth]

Albuquerque needs a new D.A.

[Sean Redspeare]

Lem Martinez is full of fertilizer on this one; "f a person shoots someone attacking with a stick, it would be excessive and charges would follow." Under NM law you have the right to defend yourself with deadly force if you believe you face the threat of death or GREAT BODILY HARM! You can bloody well kill somebody with a "stick".
There needs to be a recall vote on DA Martinez if he is this kind of pro-criminal, anti-citizen buffoon!

[Ron in Los Alamos]

True, taking the law into one's own hands is risky business and can end tragically. Nevertheless, this case appears to have had the right outcome. If someone breaks the windows of my vehicle to come after me, I'll do EVERYTHING in my power to take him out! I'd rather be judged by 12 than carried by 8.

[Charles Bronson]

Go ahead make my day!

[Paz]

Maybe we need to get rid of our D.A. and get someone who holds up the rights of the people instead of the ones commiting the crimes?
Well, what do you expect? It's N.M.
It's okay to Kill while DUI, you can kill law enforcement officers or anyone you wish too and not worry about getting death. But kill someone in self defense and , well forget it!
Welcome to what you made this state!

[soft landing]

It is always important for DA's to be very tough in these circumstances in order to help dissuade others from taking the law into their own hands.

He should have put the truck in reverse and left and reported everything including the license no. to the authorities. THAT would have been heroic.
Whether the dead person intended violence, or not---the killer responded with aggression and death. He had another choice: to leave. Unfortunately, he appears to be part of the subculture of vigilante "justice" yahoos. Marine or not, he should pay for the meting out of this " justice ".

[maybe just maybe]

soft landing wrote:

It is always important for DA's to be very tough in these circumstances in order to help dissuade others from taking the law into their own hands.
He should have put the truck in reverse and left and reported everything including the license no. to the authorities. THAT would have been heroic.
Whether the dead person intended violence, or not---the killer responded with aggression and death. He had another choice: to leave. Unfortunately, he appears to be part of the subculture of vigilante "justice" yahoos. Marine or not, he should pay for the meting out of this " justice ".

maybe just maybe someone should take a stick to your azz and see if you still believe that the attacker should be left alone. don't want vigilante justice then don't STEAL.
sounds like the DA needs a good flogging with a stick so he can see that a stick can be a deadly weapon.

[Marv]

The only real question, is, did he fear for his life??? That's all that matters...

[soft landing]

Marv wrote:

The only real question, is, did he fear for his life??? That's all that matters...

Well, if that's all that matters, then he will say so regardless of how he felt and I guess, get off, unless it can be proven he had no valid reason to fear for his life. I guess. But if he can turn a truck and leave the scene and get away from an unarmed man on foot, I have no reason to think he should have feared for his life.

[just wondering]

soft landing wrote:

<quoted text>
Well, if that's all that matters, then he will say so regardless of how he felt and I guess, get off, unless it can be proven he had no valid reason to fear for his life. I guess. But if he can turn a truck and leave the scene and get away from an unarmed man on foot, I have no reason to think he should have feared for his life.

i guess he was following the unarmed thief to get the brand name of his underwear to give to the 911 operator. maybe thief number 2 will turn himself in and the tooth fairy will show up also.

[Sick Of Stupid]

Ross wrote:

The fact that the "witness" left says to me he knew he was in the wrong, and has still not come forward. Release this guy.

Or that there really wasn't another witness, Sanchez is the only one claiming the second criminal . There is nothing to show that there was one . A two against one attack makes the self defense claim sound a little better.

[just wondering]

Sick Of Stupid wrote:

<quoted text>Or that there really wasn't another witness, Sanchez is the only one claiming the second criminal . There is nothing to show that there was one . A two against one attack makes the self defense claim sound a little better.

a dead thief sounds even better.....