SANTA FE, N.M. – Jacob Johns says his life changed forever on Sept. 28, 2023. 

“The attempt on my life left me horribly disfigured, with massive scars running up and down my stomach,” said Johns. 

Johns was shot by Ryan Martinez. 

“When I take deep breaths, I can feel the bullet hole pop,” said Johns. 

Johns was among a group of protesters opposing the planned re-installation of a statue of Spanish conquistador Juan De Oñate, which was taken down amid nationwide protests in 2020.

Video from Johns shows a ceremonial fire, song, and prayer in front of a makeshift shrine. Martinez came as a counterprotester. Witnesses say he was attempting to provoke negative reactions from the protesters.

Johns say deputies asked Martinez to leave, but the undersheriff allowed him to return and the deputies left. Then, a fight broke out, and Johns was shot. 

In October 2024, Martinez took a plea deal and was sentenced to four years in prison. 

Johns, and another protester who Martinez pointed his gun at, are now suing county leaders. The late sheriff Bill Merrifield, an undersheriff, the county commissioners, and county manager are all named in the suit. 

“The criminal case is done with. This isn’t about Ryan Martinez anymore. This is about Rio Arriba County failing to give equal rights to every American in this space,” Johns said. 

They say county leaders knew about the potential for violence, and didn’t take necessary steps to protect the protesters.

They say their rights of life, liberty, freedom of religion, and free speech were violated. 

“Every single human being that is an American citizen deserves the same equal rights. Everyone deserves the same equal protection,” said Johns. “We must acknowledge the past, the wrongs of our past, and come to terms with them so we can move forward together as one society.” 

The lawsuit seeks an unspecified amount of compensatory damages, and attorney fees.