Murder charge dismissed against man who shot alleged burglar

Posted at: 11/04/2009 11:55 AM | Updated at: 11/04/2009 6:31 PM
By: Austin Reed, Eyewitness News 4, and Reed Upton, KOB.com

The murder charge against a Valencia County man who shot and killed a suspected burglar he had been following was dismissed Wednesday morning.

Magistrate Judge Danny Hawkes ruled there was insufficient probable cause to bind Luke Sanchez over for trial on a charge of murder.

The state tried to prosecute Sanchez for either second degree murder or manslaughter for shooting and killing Gary Gabaldon who Sanchez suspected was burglarizing a propane business in Belen back on July 4.

Sanchez called 911, and then tailed Gabaldon and his alleged accomplice who had apparently spotted Sanchez.

Sanchez stayed on the phone with the 911 operator, and was later recorded saying, ““Get back, stay there, stay there,” before telling the dispatcher, “He punched my window out. I just shot one,” and finally, “I just killed one.”

“I accept the judge’s ruling,” Sanchez said after the charge was dismissed, “and I hope the Gabaldon family accepts it as well.”

No members of the Gabaldon family were willing to comment on the dismissal of the charge.

Meanwhile, Sanchez’ father contends that the Gabaldon family has threatened the Sanchez family and deputies say they’ll be on alert through the day.

The preliminary hearing was initially scheduled to be held in the Belen magistrate court but was moved to district court for security reasons.

Eyewitness News 4 is following the story and will have complete coverage at 5:00, 6:00 and 6:30.

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