Posted at: 07/05/2009 11:16 PM
Updated at: 07/06/2009 7:22 AM
By: Jeff Maher, Eyewitness News 4; Charlie Pabst, KOB.com

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Shooting raises question of self-defense

Gary Gabaldon was shot and killed Saturday, deputies say

The shooting is once again raising debate over what's considered self defense.

The brother of the person who was shot and the suspect's friend each have very different opinions about what happened.

The incident happened around 10:15 Saturday night at Enchantment Propane. Evidence of a break-in was still visible on Sunday. The murder that happened in the midst of the burglary is likely going to extend a long-standing debate for years to come.

Louie Gabaldon still has a lot of unanswered questions about the death of his little brother, 29-year-old Gary Gabaldon, killed on the night of July 4.

"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," Louie Gabaldon said Sunday.

Gabaldon says his brother was a former corrections officer.

Deputies say 38-year-old Luke Sanchez, a former Marine who served as a military policeman, was driving back to his farm in Belen when he spotted Gabaldon and another suspect stealing supplies from Enchantment Propane.

They say Sanchez called police, but also drove closer to the suspects to try to get their license plate number.

Deputies say he got too close-- Gabaldon spotted him, ran over to his car and broke the driver's side window.

David Dawson is close friends with Sanchez, and says he was just defending himself.

"They were bashing his windows in and he was screaming for them to leave him alone," Dawson said.

After a short fight, deputies say Sanchez pulled out his gun and shot Gabaldon in the head, killing him.

Sanchez remained on the scene until he was arrested.

The other suspect took off and is still on the loose. The suspect's vehicle was recovered, along with the stolen property.

Dawson told Eyewitness News 4 on Sunday, "So they've actually got him locked up right now for trying to defend himself from people bashing in his car to try and get at him."

Deputies say investigators had enough evidence to determine it was not self-defense, but murder.

Valencia County Sheriff's Deputy Chris Trujillo said, "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."

Gabaldon says his brother and Sanchez, at one time, were family.

"Well I know that Luke Sanchez was the cousin of the father of my brother's ex-girlfriend, and there's more to it of this story than what's being said, and I'm going to get to the bottom of it," he said.

Friends of Sanchez say he is scheduled to be arraigned on Monday. They hope the judge will drop the murder charge. Gabaldon's family hopes that charge remains.

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