Skip to comments.Homeowner Won't Be Charged After Shooting Intruder(NM)
Posted on 03/19/2012 7:25:06 PM PDT by marktwain
ALBUQUERQUE, N.M. -- Police said a homeowner shot someone who broke into his home in northwest Albuquerque on Sunday morning.
The homeowner frantically called 911 after the shooting. Police said the man didn't know the intruder or how he got in.
"He had fired numerous rounds at the individual," Sgt. Ferris Simmons said. "The suspect was conscious when police arrived. The homeowner did say he was conscious when he was making the call and crying."
"No one ever wants to take another person's life in a situation like this. However, we expect homeowners to defend their families and defend themselves within their home," Simmons said.
(Excerpt) Read more at koat.com ...
These news stories are designed for the “I don’t believe in guns,” idiots, not for 2nd amendment folks.
Well.....good thing it wasn’t in Boston, or NYC
I did a simple Google search for “home invasion Albuquerque”, and by all appearances it seems to be the local individual and team sport.
That also has to be one of the more noteworthy police statements I’ve heard in a while: “However, we expect homeowners to defend their families and defend themselves within their home.”
There are two ways to interpret that, both of which are interesting. Expect, as in anticipate; and expect, as in ‘it is your responsibility, we expect it of you’.
NM list PING!
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Ya, right? Need to publish the wound data too :)
No, it is age,sex and race that’s needed.
Those too. Plus size and/or weight of the shootee.
Plus how much blood was lost!
And whether he cried like a little girl.
Make and model of gun? Plus, would a hotlink to local FFL dealers be so bad?;)
Thanks for pinging the list.
Serial criminal that unfortunately is recovering - http://www.kob.com/article/stories/S2544729.shtml?cat=500
The man accused of breaking into a West Side Albuquerque home Sunday and getting shot by the homeowner has a long rap sheet, KOB Eyewitness News 4 has confirmed.
According to Albuquerque Police, Richard Garcia has been arrested 37 times for various crimes including Criminal Sexual Penetration, ID theft, and a laundry list of property crime offenses since the late 1980s.
“He’s no stranger to the court system for committing property crimes against individuals,” APD Commander Will Roseman said.
KOB confirmed Garcia was most recently arrested in January 2012 for four felony charges, then a judge released him from custody.
“He was released on his own recognizance, Roseman said. He didn’t have to put a dime up, didn’t have to go through a bail bondsman. He was released and then came back out into society and committed more crimes.”
What are we supposed to do? questioned Roseman. We are doing our end of the deal catching these guys and preventing them from victimizing people, but then it’s just a revolving door and they go right back out.”
Once Garcia was set free, police said he broke into a home near Ladera Drive and Unser Boulevard NW belonging to Anthony Torres. On the 911 audio tape released by APD Monday, Torres explained to the dispatcher that he heard a loud bang and the alarms going off. He reached for his gun and found Garcia at the top of his staircase. Torres told the dispatcher he fired twice, hitting Garcia once in the back.
KOB spoke to neighbors in the area. Once they learned that Garcia gets out of jail so easily and quickly, they asked KOB not identify them in fear of their safety.
“I’m just upset that he was released, an elderly woman said. People like him belong behind bars where they belong.”
“It is disheartening, a male neighbor said. I just hope the legal system does what it has to do to keep this guy locked up so that he will learn.”
Torres will not face charges for shooting Garcia. Roseman said Torres was within his legal rights to defend his property with a gun.
Garcia is recovering from his wounds at a hospital. Roseman said once Garcia is released, he will face charges for his attempted burglary. Roseman hopes Garcia will spend time in prison, instead of being released as usual.
That was included - but in such a poorly written sentence that it was hard to pick up.
Home invader got shot and was crying. Boo Hoo.
Judge in this case is a complete idiot! For Judge Sam Winder to ‘release’ Garcia (no bail) after Garcia’s last arrest (and the fact that Garcia has been arrested 37 times) is pathetic!
Court records show he’s been prosecuted for four burglaries in the last year, the most recent on January 15th, 2012.
News 13 wanted to know why Garcia was not in jail and discovered he was ruled incompetent to stand trial this past December. With that ruling a judge ordered the dismissal of his three 2011 cases and ordered his release from jail.
A spokesperson for the District Attorney’s office says their hands are tied. The only way they could argue for Garcia to remain locked up, even in a mental health facility, is if his crimes were of a violent nature and the crimes he’s charged with do not fit the legal requirements.
“It is a really big challenge,” says D.A. spokesperson Kayla Anderson. “I think it’s frustrating for everybody.”
Less than a month after being ruled incompetent Garcia allegedly committed another burglary, which the district attorney is still working to prosecute.
In the meantime APD’s burglary unit remains frustrated.
“They may deem them incompetent but they sure know what they are doing when they re-victimize people.” says Commander Roseman
Police say the homeowner who shot Garcia Sunday will not face charges.
Sam Winder, is a former criminal defense attorney and prosecutor who practiced law in the state for more than twenty years. Winders career as an attorney includes 12 years as a federal prosecutor where he handled cases in Federal District Court, State District Court Metropolitan District Court, and Tribal Courts. In recent years Winder performed defense work for various insurance companies. Appointed by Governor Susana Martinez, Winder takes the bench with extensive experience as a litigator. Judge Winder was sworn into the New Mexico District Court on Friday and holds the disctinction of being the first Native American member of the Republican Party to ever become a state district court judge.
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