Man Charged With Murder For Shooting Burglarly Suspect

« « Brett Cluck Ruined The Holiday | Cory Clarke Takes 2 Children To Walmart, Checks Out With One » »

Luke Sanchez Killed Gary Gabaldon – Vigilante Killing or Self-Defense?

July 6, 2009 by Morbid

Filed under: Burglary, Crime, Murder, Robbery, Shooting, Vigilante

Luke Sanchez Killed Gary Gabaldon – Vigilante Killing or Self-Defense?

ALBUQUERQUE, N.M. – Luke Sanchez, 38, was driving back to his farm when he noticed two men burglarizing a nearby business. Sanchez called police and attempted to follow the vehicle of the men in an attempt to get a license plate number. The two men noticed they were being followed by Sanchez and pulled over, the passenger, Gary Gabaldon, got out and began punching out the windows in Sanchez’s truck. Sanchez then pulled out his handgun and shot GabaldonGabaldon in the head, killing him. The driver of the other vehicle drove off and Sanchez has now been charged with murder.

I cannot wait to get the rest of the details in this one, as I am surprised they are charging this guy at all. There seems to be no doubt that Gabaldon, 29, and a former corrections officer, was robbing Enchantment Propane with an accomplice. His partner was never found, but the vehicle was recovered with the stolen items inside. That’s not to say that a robber should receive a death sentence, but if he was attacking the vehicle of a citizen who was simply trying to help – well than that’s a different story all together.

A close friend of Sanchez, David Dawson, told reporters that “they were bashing his windows in and he was screaming for them to leave him alone.” Sanchez, 38 and a former Marine who served as a military policeman, was merely acting in self-defense. But Gabaldon’s brother, Louie, sees it differently. “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.”

It seems as if local officials agree and do not believe this was self-defense. Valencia County Sheriff’s Deputy Chris Trujillo stated Sanchez was charged “as a result of the interviews and with discussions with the district attorney’s office.” He also added, “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.”

This should be an interesting one as Sanchez is due to be in front of a judge today and his family hopes that the charges are dropped. He is currently being held in the Valencia County Detention Center. The guy called police and even remained on the scene after the shooting. I am curious as to what details came to light that warranted the murder charges. And while I do not promote vigilantism, I also do not support just sitting and watching people commit crimes.

The charges against Luke Sanchez were dropped back in early NovemberNovember reviews:

Thanks for the heads up, Megarin.

Martin Vega Got Fired Up About His Rent (dreamindemon.com)
Speaking Of Stoopid…. (dreamindemon.com)
Roger Weston’s Plans Were Blindsided (dreamindemon.com)

Tags: Corrections officer, Gary Gabaldon, Luke Sanchez, marine, Murder, self defense, Sheriff, Shooting, Vigilante

Share/Save

Comments

scorpiogirl

This freaking sucks,,, I'da shot him in the head twice.

Harley_Tech

Sure seems to me to be a justifiable shooting. I probably would be in jail right next to him if presented with the same situation.

R

Jury

I don't think it was self defense, and I live in Texas where this rule is used more than any other state. Hitting a car window does not mean his "person" was in jeapordy (just like banging on someone's house door), now if the guy broke the glass and started to open the door, yes. He should of showed the guy the gun or just hit the gas.

Morbid

As stated in my write-up, the source link and the video, Sanchez's window was punched out. I'm still on the fence until more details come out, but from what we do know, we have a man who was following two people who he witnessed robbing a business. We have one of the accused getting out and confronting Sanchez, including busting out Sanchez's driver side window. We have Sanchez implanting a projectile in Galbadon's noggin. Sanchez then waited for the police that he called earlier.

That just doesn't sound like anything but self-defense at this point.

Athena

Based on the information available, I can't BELIEVE the guy is being charged with murder. The circumstances under which he found himself in the situation shouldn't matter; he was presented with an immediate threat. Could he have done things differently? Perhaps, and perhaps he should have. But the fact remains that he was faced with an imminent threat that he has the right to defend himself against.

If the charges don't get dropped, I can't see any self-respecting jury convicting him.

StrangerDanger

The DA will say he had a method of retreat. ie: Driving away. Now if he was blocked in and couldn't leave, he will have some merit.
Is this bullshit? Abso-fucking-lutely. I bet he's sure glad he stopped to assist. What this says is to let Bill's Propane and propane accessories get robbed and at best call the police and head on your way like the good sheep that you are.

Abroad

But Gabaldon’s brother, Louie, sees it differently. “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.”

Maybe not; but you've already undermined your credibility by pretending your brother was not a thief, which he clearly was, Louie.

You'll be telling us he wouldn't hurt a fly next and I will be forced to suspect that it really was self-defence and justifiable .......

ecvmanzo

I want to know why charges of he is being charged with murder if this seems like self defense in my eyes. He found the men stealing from a business, followed them and then the guys starts punching his car windows. Yup sure sounds like self defense to me.

Coyote

I’m with Morbid, it’s definitely self defense at this point. Will be very interested to hear the cause for the murder charge.

Wildheart

Sanchez’s window was punched out.

Sounds like self defense to me. There has to be an imminent threat, and if the guy punched out the vehicle window to get at him, that sounds pretty imminent to me.

You don’t kill anybody, you just don’t

You do if it's you or him.

biteme

it's always the possible retreat thing, unless you're cornered, have to avoid confrontation
Personally i say shoot him several times he may still be alive and pose a danger, reload and shoot him again you can never be sure when dealing with asshole losers

Radly

if someone was to break open my window to try to attack me, and i had a gun in my hand, i would sure as shit shoot that fucker right between the eyes.

peterpaul666

This sounds like an overzealous D.A. I bet you, dollar to donuts, that if this went down as Morbid described, the charges are dropped.

Doubt it will stop the family's lawsuit, though.

ReDDs

"act of defending oneself, one's property or the well-being of another from physical harm."
which it seems to be the case here all I can think of is the gun use in the murder is not valid or his story dont add with ballistic and placement of actions
then the police get mad when people dont cooperate they dont protect the citizens and then theyll charge you if it happens in the wrong time of the year. A former marine at that........ wow

Abroad

or his story dont add with ballistic and placement of actions

I find myself wondering if the glass was not beaten in but shot out from the inside. That would put a different complexion on the matter.

captainhowdy

I find myself wondering if the glass was not beaten in but shot out from the inside. That would put a different complexion on the matter.

Good point. I hadn't thought of that. Based on the story, it sounds like self defense, but I'd be curious to know what evidence to the contrary the police have.

malq

My take on this is it will boil down to the question "did he think his life was in danger" An asshole coming to your car and breaking in appears to qualify that. it depends on how it gets twisted around on both sides. Good thing he is in Texas. In Washington state they would coddle the perp and string up the victim.

Uvgottabkiddin

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.”
I love when family members are quoted... I'm waiting for "damn straight my brother would (enter offense here)"

If someone was punching my windows, I'd shoot them then run them over... twice

shadowman

It's possible that the charge is merely a formality. Consider though, that in order to be self defense, Gabaldon would have to pose an imminent threat to Sanchez's life. Sanchez may well have believed his life was in danger, but I think this one will go to trial. There are a litany of variables that must be considered and weighed. I would have shot him myself, but probably just in the penis.

petrina

i wouldnt call this a vigilante murder, at least not the way it is described as of now.

it was a vigilante ... tailing.

the death is a seperate incident, sort of.

biteme

it was a vigilante … tailing.

In California a citizens arrest is legal, so would you consider that a vigilante arrest?
We don't know all the facts, but i really could care less how criminals die, as long as they die.

MadeaBecBec

GARY GABALDON WAS IN AND OUT OF THE COURT SYSTEM ACCORDING TO HIS RECORD. A LOT OF HIS TROUBLES WERE RUN-IN'S WITH POLICE. BACK IN 1999---HE PLEADED GUILTY TO RESISTING/OBSTRUC TING AN OFFICER--- TWO YEARS LATER HE WAS CHARGED WITH THE SAME CRIME AND PLEADED NO CONTEST. LAST YEAR AND THIS YEAR HE WAS ARRESTED FOR BATTERY ON A POLICE OFFICER--- ONE OF THOSE CASES WAS STILL PENDING AT THE TIME OF HIS DEATH.

http://www.veoh.com/collection/Fire-News/watch/...

Sounds to me like Galbadon was "begging" to be shot, by somebody, just so happened it was Mr. Sanchez!
According to the article at the link, the DA is considering dropping the charges down to 2nd degree murder or voluntary manslaughter. Frankly, If I were in Sanchezs place, I would take my chances with a jury! The Judge reduced Sanchezs bond to $100K or Surety! I hope Sanchez has a bondsman in mind, he can call.....

Athena

It’s possible that the charge is merely a formality. Consider though, that in order to be self defense, Gabaldon would have to pose an imminent threat to Sanchez’s life. Sanchez may well have believed his life was in danger, but I think this one will go to trial. There are a litany of variables that must be considered and weighed. I would have shot him myself, but probably just in the penis.

You're absolutely right. This may very well be a formality. But, if that's the case, how about a little prosecutorial discretion (har, har)? I find a charge of first degree murder to be rather extreme.

shadowman

You’re absolutely right. This may very well be a formality. But, if that’s the case, how about a little prosecutorial discretion (har, har)? I find a charge of first degree murder to be rather extreme.

A first degree murder charge is ridiculous...especially when you consider the fact that he was following criminals for law enforcement and was attacked for his trouble.

MadeaBecBec

Go here : http://www.nmcourts.gov/caselookup/app click on disclaimer "I Accept" type in Gabaldon Gary DOB 03/13/1980 and see all of the cases against him.... 3 pages worth, some are creditors, etc. trying to collect, but it also looks as if Gabaldon had given several different dates of birth!
As for Sanchez, he has one case that was dismissed, he had been charged with not showing proof of ownership on a vehicle....

If they ever find Gabaldons accomplice, shouldn't he/she be charged, instead? Looks to me like they would have some fingerprints of the accomplice that ran! I've always heard there was "honor" among thieves, guess not!!

Morbid

If they ever find Gabaldons accomplice, shouldn’t he/she be charged, instead?

I am pretty sure that if they find the accomplice, he will be charged with murder as well

Athena

Yep. It's usually "as well" rather than "instead".

yvross

Am I the only one who noticed that the road in the map is the same name as the 'victim-thief' in this story? May be some political behind the scenes...'former corrections officer' WITH a rap sheet? You mean that is allowed?! THE criminals are supervised by THE CRIMINALS!!!