Posted on 07/06/2009 4:14:51 AM PDT by marktwain
A bizarre shooting in Belen leaves a former corrections officer dead, and a former Marine in jail charged with his murder. The shooting is once again raising debate over what's considered self defense.
The brother of the person who was shot and the suspect's friend each have very different opinions about what happened.
The incident happened around 10:15 Saturday night at Enchantment Propane. Evidence of a break-in was still visible on Sunday. The murder that happened in the midst of the burglary is likely going to extend a long-standing debate for years to come.
Louie Gabaldon still has a lot of unanswered questions about the death of his little brother, 29-year-old Gary Gabaldon, killed on the night of July 4.
"Gary would never steal from anybody. 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.
Gabaldon says his brother was a former corrections officer.
Deputies say 38-year-old Luke Sanchez, a former Marine who served as a military policeman, was driving back to his farm in Belen when he spotted Gabaldon and another suspect stealing supplies from Enchantment Propane.
They say Sanchez called police, but also drove closer to the suspects to try to get their license plate number.
Deputies say he got too close-- Gabaldon spotted him, ran over to his car and broke the driver's side window.
David Dawson is close friends with Sanchez, and says he was just defending himself.
"They were bashing his windows in and he was screaming for them to leave him alone," Dawson said.
After a short fight, deputies say Sanchez pulled out his gun and shot Gabaldon in the head, killing him.
Sanchez remained on the scene until he was arrested.
The other suspect took off and is still on the loose. The suspect's vehicle was recovered, along with the stolen property.
Dawson told Eyewitness News 4 on Sunday, "So they've actually got him locked up right now for trying to defend himself from people bashing in his car to try and get at him."
Deputies say investigators had enough evidence to determine it was not self-defense, but murder.
Valencia County Sheriff's Deputy Chris Trujillo said, "We rely heavily upon our citizens, our residents of the county to report crimes to us. We never want them to approach these individuals, or get within close contact where something like this could occur."
Gabaldon says his brother and Sanchez, at one time, were family.
"Well I know that Luke Sanchez was the cousin of the father of my brother's ex-girlfriend, and there's more to it of this story than what's being said, and I'm going to get to the bottom of it," he said.
Friends of Sanchez say he is scheduled to be arraigned on Monday. They hope the judge will drop the murder charge. Gabaldon's family hopes that charge remains.
I find the claim of a relationship by the burglar's brother "Well I know that Luke Sanchez was the cousin of the father of my brother's ex-girlfriend," to be rather weak.
In New Mexico, your car is considered an extension of your home, and you do not need a concealed carry license to carry a firearm in your car.
I totally agree about the facts not apparent . . .
but if someone is bashing the wondows on my car trying to get at me, I would think that justified leaving.
I feel for the guy losing his little brother, but why is it that every person shot while committing a crime becomes an immediate saint who never does/did anything wrong? When is anyone going to be quoted saying, "Yeah, the guy's been a thug all his life and totally deserved that bullet in the head"?
There is enough evidence to charge the former Marine with murder? That evidence is not shown in this article. It will be interesting to see what the foundation is for the charge. Otherwise, this guy should be patted on the back for good judgement (carrying a weapon for self defense, for being willing to get involved) and set free immediately.

Then he was bashing in the car windows of " the cousin of the father of my brother's ex-girlfriend.
Your former brother, the former corrections officer was a thief and probably would have killed Sanchez had he had a chance.
“The incident happened around 10:15 Saturday night at Enchantment Propane.”
The first thought to come to mind?
Hank Hill!
Protective custody?
just a thought
agree! If you punched out the window of the Presidents limo, and where then shot by the Secret Service, would THEY be charged with murder? Or is there a double standard here? Whats the difference???
That would be Strickland Propane in Arlen, Texas.
As Hank Hill would say (about the thief).....
“the boy ain’t right.”
Makes no sense. He did call the police first. When he went to get closer to get the plate, they went after him, instead of running. Then Sanchez waited for the police to arrive. Yeah, that sounds like a murderer to me. Hellooo??????
The shooting is once again raising debate over what’s considered self defense
I stopped reading here as the details of the case ARE NOT relevant to the definition of self defense.
The right to self defense exists under our laws.It is clearly defined and spelled out in those laws.
The details only become relevant if the local DA has reason to question those details and then it could become a debate for a jury.
All that said I have an instictive right to self defense that only I can decide what it is or is not.
What does the bumper sticker say? Rather tried by 12 then carried by 6?
No police officer,no judge ,no jury is going to be standing next to you when the time comes for you to decide if you live or die or if some other person lives or dies. If your wife or kids live or die or the neighbors kids lives or dies.
You have a split second to make that decision on your own.
Valencia County Sheriff’s Deputy Chris Trujillo said, “We rely heavily upon our citizens, our residents of the county to report crimes to us. We never want them to approach these individuals, or get within close contact where something like this could occur.”
Standard Government Bullshit statement.
If you punched out the window of the Presidents limo, and where then shot by the Secret Service, would THEY be charged with murder? Or is there a double standard here? Whats the difference???
If you have to ask you would never accept the answer. There is a whole huge list of people that are treated differntly in our society regardless of what the law states.
Glittering jewel of colossal ignorance! Self-defense is the ONLY (legitimate) reason to kill someone.
Remember your own quote after I've smashed your children's heads with a tire iron and am tearing off your wife's clothing to rape her, Mr. Gabaldon. You sound like someone from the Brady Center, standing in a corner shrieking like a little girl with your pinkies in the air, reciting gun laws to me.
Note to all: My comments above about violent acts are meant for rhetorical purposes, and not intended to convey any violent intent toward any person, living or dead. Unless they attack MY family.
NM PING
This bears watching. What was the name of the NM Marine who was convicted for shooting a burglar in ABQ a couple of years ago?
It would take a lot of evidence to convince me of that defense if I were on the jury.
Oh and poorly written article.
"Well I know that Luke Sanchez was the cousin of the father of my brother's ex-girlfriend, and there's more to it of this story than what's being said, and I'm going to get to the bottom of it," he said.Whoa! I think I just had a Flashback!
"Bueller?.. Bueller? ...Bueller?"
"Um, he's sick."
"My best friend's sister's boyfriend's brother's girlfriend heard from this guy who knows this kid who's going with the girl who saw Ferris pass out at 31 Flavors last night. I guess it's pretty serious.""Thank you Simone."
"No problem whatsoever."
thank you... that was all i could think of when i read that.
"No problem whatsoever."
;-)
Signed his own death warrant right there...
Cops! They don’t want people solving the crime problem without them. We can’t have that.
Elton Richard.
Knowing that Belen is not a large city, I want to know how many of the Valencia county's sheriff deputies are "cousins" of the Gabaldons?
Lots of inter-relatedness goin' on around heah.
"Of liberty I would say that, in the whole plenitude of its extent, it is unobstructed action according to our will. But rightful liberty is unobstructed action according to our will within limits drawn around us by the equal rights of others. I do not add 'within the limits of the law,' because law is often but the tyrant's will, and always so when it violates the right of an individual." --Thomas Jefferson to Isaac H. Tiffany, 1819.
We do not know the evidence involved. THAT will determine what happened and how, and who warrants arrest.
Most departments don't want civilians to get too involved in property crimes for a few reasons.
An officer arrving onto the scene has no idea who is fish or fowl, and the wrong one could get shot.
An officer arriving onto the scene could be in danger of being shot.
Now, if the evidence shows the assault on the Marine justified the shooting, it will come out that way. If there was evidence shows something else, then the Marine is in deep doo-doo, regardless of his service. And his friends statements about bashing in windows and only defending himself means absolutely zilch if he wasn't in the vehicle at the time.
Valencia County is not the largest in the state, but it has a lot of rural areas to patrol. That plus a holiday weekend limits deputy coverage.
What does that make us??!!
Absolutely nothinh!
Now that would suck if it turns out the dead perp/victim is related to the guys who did the investigation.
Thanks.
Looks like this is going to be the topic at 9:00 on KOB with Pat Frisch stirring the pot.
Bah....I am behind a strict firewall.
I think this is the crucial fact from the article: "Gabaldon says his brother was a former corrections officer".
If Gabaldon was some random drifter, I think it would have been far less likely that Sanchez would have had any trouble. Police forces get very irate when a LEO, even former LEO, gets shot. I would look to see if Gabaldon had any connections to any member of local law enforcement.
If anything noteworthy is said I’ll post it to you.
Oh yes you do.
Valencia County Sheriff's Deputy Chris Trujillo said, "We rely heavily upon our citizens, our residents of the county to report crimes to us. We never want them to approach these individuals, or get within close contact where something like this could occur."
Moron. Citizens live in contact with the scum all the time.
“Detached reflection cannot be demanded in the presence of an upraised knife.”
- Justice Oliver Wendell Holmes
One of the first things taught in a serious self-defense class is that when the police show up you WILL be arrested. The cops don’t know what happened other than there’s a body on the ground; everyone remotely suspected will be stuffed into a cage until the whole thing can get sorted out.
Try to expand the mental envelope.
I did not so much bash cops...but the VERY IDEA OF POLICE.
I do not like, support, or believe in the IDEA of Police.
People are the law. What people wish is the law. A few, small number of people, with clothing and cars provided by the people at large are not in sole possession of the law.
Since time immemorial the protection of ones person and property is the duty of the individual. All else is way, way more distant and but ornamentation often supposed to be the thing itself, which it isn’t.
In, NJ, the shooter would be immediately arrested, and charged with murder. Self defense or not. NJ legal system has made it clear they do not want citizens defending themselves because guns are inherently evil. If the shooter were white, they’d probably tack on a couple o’ hate crimes charges, along with violating the perps civil rights. Oh, and if he were one of the LUCKY ones that did have a NJ CCW permit, that’d probably get revoked as well. Even if he beat the charges, they’d find a way to never give the CCW back to him. Because GUNS ARE EVIL!!!!!/s.
Someone please call the WAAAAAAAAAAAAAHMBULANCE for Gary. Something tells me if he had a gun in his house, and I were the one breaking windows in his house or vehicle; I'd be pushing daisies right about now. This guy is a S.F.B., and the only reason he's spewing such pablum, is because "IT'S NOT FAIR..." that his brother was shot, and not the good samaritan. I pray the charges are dropped, and the victim sues this turd's family for the damages to the car.
Sad. Glad I live West of the Rockies.
If ADW is called for in self defense, the vehicle is legally just as much a "deadly weapon" as is the firearm. However, the vehicle has the built-in defense of, "I was just attempting to depart from the scene where I was under attack and in fear for my life"...
Property owners and assaulted persons have that information, and should not have to wait around to educated, inform, explain to another.
"An officer arriving onto the scene could be in danger of being shot.
Shooting of thieves will reduce theft, resulting in LEO being called massively less to theft, rapes, assaults, murders.
I don't know of anybody, who needs what ever it is police do. We take care of ourselves and our persons. Police show up afterwards.
Nothing of substance on the show. Plenty of the standard, family trumps law, not terribly high regard for the local sheriffs office, politics, etc...
Too ornate.
Steal=shot.
KISS.
Criminals are dumb. They understand, somehow, not to rob biker bars, cop bars.
One minute they are bad ass, night stalking master of crime, the next they are crying they are a victim of gun toting, racist, money grubbing that put property ahead of life ..bla, bla, bla.
In a proper world, x number of break ins would be divided into the police budget, with a result that if you prevented a break in the town would give you a reward of half the estimated police cost.
Incentivize and reward the citizen.
After a while the dolts would hear that so and so town pays for each scalp.
You wouldn’t have many crimes, and at way lower costs.
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