ALBUQUERQUE, N.M. (AP) — An investigation into a shooting that occurred as protesters tried to tear down a statue of a Spanish conquistador in Albuquerque, New Mexico, is far from complete and charges against a man accused of opening fire after demonstrators chased him were amended, prosecutors said Wednesday.
Under the amended complaint, Steven Ray Baca, 31, was charged with battery over his interactions with three women during the protest. He’s also facing a charge of unlawful carrying of a deadly weapon. Authorities say he did not have a concealed carry license.
District Attorney Raúl Torrez said it’s too soon to pursue a charge related to the shooting that left one man seriously injured because investigators still need to identify key witnesses, verify video of the incident and gather more evidence to determine what led to the gunfire.
Prosecutors amend charges in New Mexico protest shooting
My gut feeling says the shooting charge was brought forward more because of the political BS spouted by Gov officials and the Media rather than police work and evidence gathering. And suddenly 2 videos pop showing Baca being pursued and attacked before opening fire and the case became a hot potato with the assault with deadly weapon charge.
Bowles said the district attorney’s decision to fully investigate the case was appropriate. He pointed to video showing one protester hitting Baca with a skateboard, while there were shouts in the crowd to “kill him” before he was tackled and struck and then confronted by another protester wielding a knife.
“With multiple assailants attacking him with weapons, Mr. Baca at that point had no choice but to defend himself using force,” Bowles said in a statement. “We believe that the district attorney’s office should not file charges as this is very clearly an appropriate exercise of self defense.”
So Baca will probably eat the other charges or at lest get spanked hard. IANAL so I don’t know what should he do next, but I reckon a decent lawyer would try to have all dismissed or at least a misdemeanor charge that does not require jail time.
Hat Tip Robert E.
Paging Dwight….
I am sure he will show up soon and apologize.
Get a comfy chair
He promised he would
“My gut feeling says the shooting charge was brought forward more because of the political BS spouted by Gov officials and the Media rather than police work and evidence gathering.”
That is a bingo.
This guy was supposed to allow the progtard *peaceful protesters* to lynch him. How dare he defend himself! /sarc
I have a feeling we’re gonna see more progtards getting additional bodily orifices in the coming months.
Andrew Branca at Law of Self Defense has an excellent analysis on this case. Unfortunately it’s a member’s only post. The TLDR version is that Baca may be liable for battery due to the fight at statue, but that when he disengaged and attempted to leave, that fight was over. When the mob chased him and attacked him with a skateboard, he became justified using deadly force in self defense. Mr. Branca also stated that he thought first fight was mutual combat and that the even a charge of simple battery. would be difficult to prove. He didn’t discuss the charge of unlawful carrying of a deadly weapon. I’ve read unconfirmed reports the he was open carrying, which would be legal in NM.
IANAL but my opinion is that even if Baca was carrying illegally that doesn’t take away his right to meet deadly force.with deadly force.
“my opinion is that even if Baca was carrying illegally that doesn’t take away his right to meet deadly force.with deadly force.”
You are right. It does not but it does add to the burden of your lawyer to defend you of multiple charges.
And saves your wallet too.
I figure they will agree to let him plead to any misdemeanor that prevents him from becoming a prohibited person and going to jail. Everyone saves some face
Here I am wizardpc!
As I was saying…
“ALBUQUERQUE – New Mexico prosecutors on Monday amended a complaint against a man who opened fire after a fight broke out as protesters tried to tear down a statue of a Spanish conquistador, charging him with aggravated battery with a deadly weapon after one protester was shot and injured.
Bernalillo County District Attorney Raul Torrez said he added the charge because he believed Steven Ray Baca had repeatedly provoked protesters before the shooting.
Torrez cited video and witness statements collected as part of an investigation into the June 15 confrontation.
“Any individual who would otherwise be able to claim self-defense cannot claim self-defense if he or she initiates a violent confrontation,” Torrez said. “It’s our belief Mr. Baca was the first aggressor in this context and the individual that he shot was acting in response to his violent provocation.”
https://www.lcsun-news.com/story/news/local/new-mexico/2020/07/14/new-mexico-protests-man-facing-new-charges-shooting-protesters/5432616002/