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Sunday, November 08, 2009

'Castle Doctrine' Gives Right of Self-Defense

By Sam Martin
Resident, Albuquerque
          We desperately need New Mexico to pass legislation to protect citizens who choose to defend themselves from criminals. Now we have another example of misguided district attorneys trying to punish law-abiding citizens defending themselves.
        First it was the sad case of Elton John Richard being sent to prison for two years and being forced to pay five years of $500/month restitution to the family of a known criminal caught again in the act of violence and attempted auto theft in 2004.
        Richard, 30, was a decorated Marine who fought in both Iraq wars and had been part of the 2003 rescue of Army Pvt. Jessica Lynch. During his prosecution, his family had to sell their house, he lost his job and benefits, and his savings and retirement went to pay defense expenses. This honorable man suffered for three years while the legal system hung him out to dry. On June 20, 2008, Judge Albert Pat Murdoch reduced his sentence to four months; time already served. Richard was a free man.
        The most recent case is of Valencia County District Attorney Lemuel Martinez charging former Marine Luke Sanchez with murder (subsequently lowered to second-degree murder or voluntary manslaughter).
        Sanchez, 38, was driving back to his farm when he noticed some men apparently burglarizing a propane company. Sanchez called 911 and followed the vehicle. The two realized they were being followed and pulled over to confront Sanchez.
        Gary Gabaldon broke out the driver's window in Sanchez's truck. Sanchez then pulled out his .380 Colt handgun and shot Gabaldon in the head, killing him. The other person fled, and Sanchez was charged with murder almost immediately.
        It was clear Sanchez was in touch with 911 operators and was requesting assistance during a felony. Only after a known criminal smashed his car window in an attempt to get at him did he defend himself. It was good to hear that Valencia County Magistrate Danny Hawkes decided there is no probable cause to prosecute Sanchez and that he is a free man again.
        Though 38 other states have passed "Castle Doctrine" laws to protect law-abiding citizens from the above type of prosecution during self defense, New Mexico has not. Castle Doctrine laws do the following:
        • Establish the presumption that a criminal who forcibly enters or intrudes into your home or occupied vehicle is there to cause death or great bodily harm, so the occupant may use force, including deadly force, against that person.
        • Remove the "duty to retreat" if you are attacked in any place you have a right to be. You no longer have to turn your back on a criminal and try to run when attacked. Instead, you may stand your ground and fight back.
        • Provide that persons using force authorized by law shall not be prosecuted for using such force. It also prohibits criminals and their families from suing victims for injuring or killing the criminals who have attacked them. In short, it gives rights back to law-abiding people and forces judges and prosecutors to focus on protecting victims.
        I sent a letter to former state Sen. Shannon Robinson and Gov. Bill Richardson on Nov. 13, 2006, requesting passage of a Castle Doctrine law in New Mexico. Castle Doctrine places into law what is a fundamental right: self-defense. If a person is in a place he or she has a right to be — in the front yard, in their automobile on the road, working in their office or strolling in the park — and is confronted by an armed predator, he or she can respond in force in defense of their lives. The law does not permit the use of deadly force against law enforcement officers carrying out their duties.
        In the 2007 legislative session Robinson introduced Senate Bill 39, which would have amended current laws to expand upon the type of justifiable force allowable under prescribed circumstances to include the use of force. Senate Bill 39 was modeled on Florida's landmark law, creating presumptions of reasonableness for the use of defensive force in or around your home or occupied vehicle; codifying that you have "no duty to retreat" from a violent attack if you're in a place where you have a right to be, if you're not the initial aggressor, and if you're not engaged in criminal activity yourself; and establishing additional protections from civil liability if you lawfully protect yourself or your family.
        The Senate passed the bill. Rep. John Heaton submitted an identical bill, but it failed mainly due to resistance from Rep. Antonio "Moe" Maestas and Rep. Al Park.
        New Mexico would be a safer place and citizens would not have to fear jail or civil lawsuits when defending their family, home or vehicle when a felony is occurring. Everyone concerned about their safety and legal liability should write or call their senator or representative to demand passage of a Castle Doctrine law here in the 2010 legislative session.
        Please do not listen to the ACLU, the criminal defense attorneys and the bleeding hearts; help protect our citizens from the criminals.