Accused man claims self-defense for break-in shooting

Full story: Farmington Daily Times

Charges against Nathan Garcia, 40, accused of shooting and critically injuring an Aztec man, will be heard in district court despite claims of self-defense. Aztec Magistrate Judge Barry Sharer found sufficient evidence after a three-hour preliminary hearing Thursday to proceed to district court.

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Whiteman

Chinle, AZ

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#1
Feb 12, 2010
 
Those Mexican thugs and liars should just shoot it out and see who is left standing, prosecute the one(s) left standing. Garcia can't claim self-defense because he and Cepeda (minus a kidney) are out to nail someone in the community.
JLO

Albuquerque, NM

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#2
Feb 12, 2010
 
I wonder if alcohol and drugs were involved ?
What

Aztec, NM

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#3
Feb 12, 2010
 
Some comes to my house and breaks in they are getting shot, so I don't think Garcia should be in trouble.
Used to be Free

United States

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#4
Feb 12, 2010
 
Self-defense used to be legal in this country. Barry Sharer is a bad joke and there is no justice in San Juan County. Good luck, Mr. Garcia, you'll need it.
typical

Las Cruces, NM

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#5
Feb 12, 2010
 
coddle the criminal and put the victim in jail. The justice system is a joke, we are turning into England where you have to let people come in your home and rob you or maim you with no self defense option. He shoulda shot a few more times so this moron who 'broke' into his house and threatened him would be dead and buried. Way to go San uan County law enforcement and courts, good job your doin there.
Billy Bob

Phoenix, AZ

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#6
Feb 12, 2010
 
the people in this country are loosing more and more rights . . . a man should have the right to defend his home and family .. If a fool comes to my home and starts threating me or my family .. I start shooting . . .
CAT n MOUSE

United States

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#7
Feb 12, 2010
 
I would have shot Cepeda too if he was at my house breaking windows and threatening my family or me but come on Garcia! You're 40 years old and you're still having drunken parties at your house? Grow up! You're not in high school anymore.
betcha

Las Cruces, NM

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#8
Feb 12, 2010
 
I bet if this had been a law enforcment emplopyees home that they would have been patted on the back, but sent to practice at the firing range to shoot high center mass so they would not have a lawsuit on their hands. And I am sure the DA would NEVER have arrested one of the county's finest in law enforcement. Hope the DA gets the next breakin and see what that wimp does.
just an old man

Albuquerque, NM

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#9
Feb 12, 2010
 
Whatever happened to "INNOCENT UNTIL PROVEN GUILTY"
Another prime example of you're rights taken away by the government, to protect you from yourself! I agree he should have shot a few more times! "A DEAD MAN TELLS NO LIES"
COME ON

Grand Junction, CO

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#10
Feb 12, 2010
 
Are you guys reading this article right. It says

"Cepeda testified that he returned to Garcia's house to get even after he was beaten by several males during a party at the residence earlier in the evening."

I think they should both have rights in this case. The man should never have been beaten up, but after it happend should have called police.
Taking justice into your own hands can get you shot.

However, they are both at fault. First the party, then the beating, then the break in, and the FIRST shot that could have been the only shot. He took it too far when he shot multiple times out of anger.
yea BUT

Las Cruces, NM

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#11
Feb 12, 2010
 
The article did NOT state tjhat Garcia did the beating, so a return threatening visit was met with equitable force for an aggravated break-in and criminal damage and assault.
COME ON wrote:
Are you guys reading this article right. It says
"Cepeda testified that he returned to Garcia's house to get even after he was beaten by several males during a party at the residence earlier in the evening."
I think they should both have rights in this case. The man should never have been beaten up, but after it happend should have called police.
Taking justice into your own hands can get you shot.
However, they are both at fault. First the party, then the beating, then the break in, and the FIRST shot that could have been the only shot. He took it too far when he shot multiple times out of anger.
ReapWhatYouSow

United States

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#12
Feb 12, 2010
 
Garcia was protecting and defending his property! Why is the CRIMINAL Cepeda being treated like the victim? This is totally crazy!
Lawdog

Santa Fe, NM

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#13
Feb 12, 2010
 
Apparently nobody on this thread understands the legal definition of SELF-DEFENSE. Please look up the definition before you respond.
WOW

Oakland, CA

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#15
Feb 12, 2010
 
I guess you geniuses can make up your minds about what happened in this case JUST off of a short article from a Daily Times reporter. Forget the weeks of investigation by the sheriff's office. Forget the review of the evidence by the DAs office before charges were filed. Forget the judge who listened to the testimoy of witnesses and looked at the evidence. They are all morons and you people are geniuses...we should do away with the entire justice system and let the DT decide what is right and what is wrong...WHY don't you look into the entire case before you start spewing your hateful, uninformed venom.
Ummm

Albuquerque, NM

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#16
Feb 12, 2010
 
Shot in the back. Last I knew self defence is to protect life and property. Garcia said he was standing in his door way. So if he was scared why stand in the door way and why shoot people in the back. Maybe if Garcia shot once he would not have to defend himself in court. Sounds like Judge Sharer knows what he is doing and can see through the crap. Thank you San Juan County electing a good judge.
YOUARESTUPID

United States

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#17
Feb 12, 2010
 
Used to be Free wrote:
Self-defense used to be legal in this country. Barry Sharer is a bad joke and there is no justice in San Juan County. Good luck, Mr. Garcia, you'll need it.
Judge Shearer is a bad joke and there is no justice in San Juan County? The judge found probable cause for Mr Garcia to be tried by a "jury of his peers". You must think if judge Shearer is a bad joke, the US Constitutation is a bad joke. Read the story not just the headline....the other guy was shot in the back. Hum...I guess when I shoot some in the back who is running away from me I can claim self defense too....I am just wondering what law school you graduated from? Because you seem to know more than the judge.
caitlin

Albuquerque, NM

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#18
Feb 12, 2010
 
ha he didn't shoot because he saw a gun because there was no gun to be seen! he shot because he is an idiot! n cepeda is no thug! the people that jumped him are the thugs! any person would b furious if they just got jumped! marcos just went back to fight the people who had jumped him. he wasnt trying to break in or shoot anybody. if you don know the facts you shouldnt have an opinion!
mama atencio

United States

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#19
Feb 12, 2010
 
Who in their right mind would go back to get beat up again, must be a stupid one[Cepeda]. Self defense is right, I'd shot the stupid idiot too. If he broke my care windows and window in my home. Cepeda got what he deserved.
A SPECKTATER

Albuquerque, NM

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#20
Feb 12, 2010
 
shot in the back thats not definding yuor home in the chest or between the eyes thats definding your home shooting some one in the back thats the way they are in that little click. drugs -alchl.
there hole life getting every thing for free food stamps welfare drug money .shoot some one in the back yep they will get a way with it .
if it was one of us working tax paying people we would be bup the creek. but they cant afford a nother family out of welfare
HMMM

Mesa, AZ

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#21
Feb 12, 2010
 
Sounds like the only thing Garcia is guilty of is being a bad shot. He should have dropped this guy with the 1st shot. I went to school with Garcia (1st -12th grade) and he was a trouble maker then. I suspect there is more here than meets the eye. Not sure what NM laws are regarding shooting someone in your yard vs. house(castle doctrine). Probably would be a different story if the guy actually made it into the house.

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