Judge finds no probable cause to bind Luke Sanchez of Los Chavez over for trial

A former Marine charged with the shooting death of a suspected burglar walked out of court Wednesday morning a free man. Magistrate Judge Danny Hawkes dismissed all charges against 38-year-old Luke Sanchez of Los Chavez after finding there was no probable cause to bind him over for trial.

"After reviewing all evidence presented to this court and to the judge the murder statue or the voluntary manslaughter statute are not amenable with out first looking at the statute of justifiable homicide by a citizen or the statue of excusable homicide. Therefore the court finds no probable cause exists in homicide charge or the voluntary manslaughter charge. Therefore the defendant is discharged and all charges are dismissed," Hawkes said in court Wednesday.

Sanchez had been charged with the July 4 shooting death of Gary Gabaldon, 29. Sanchez claimed he shot Gabladon in self-defense after finding Gabaldon and another man burglarizing Enchantment Propane north of Belen.

 The prosecution accused Sanchez of playing "police officer" and likened the incident to a "Tom and Jerry" cartoon with the cat chasing the mouse, the cat being Sanchez.

 The defense argued that the prosecution had failed to present a prima facie case, and hadn't established probable cause. Listen to 911 Call

Wednesday, 04 November 2009 11:23

A magistrate judge in Valencia County has dismissed the murder case against former Marine Luke Sanchez, who was accused of killing a suspected burglar on the Fourth of July.