ESPAÑOLA, N.M. – What started as a peaceful protest over a Juan de Oñate statue in Española changed Jacob John’s life forever. 

“He’s still having to have these tubes in his body to drain from infections that were caused by the shooting, so this has not been easy for him. And it’s been actually very painful. But he’s getting there,” said John Day, Jacob’s attorney.  

Cell phone video shows the moments it turned violent. Police say the video shows Ryan Martinez pulling out a gun and shooting Jacobs. 

“The shooter was full of racial hatred, full of prejudice, full of bias and ready to commit violence against native people,” said Day. 

On Tuesday, Day filed a civil lawsuit naming Ryan Martinez and his parents, Bryan and Adelita Martinez.

Martinez faces charges of attempted first-degree murder and aggravated assault. But Day says the justice system should hold his parents accountable too.

“Through their negligence, they let it happen. If they had taken appropriate and proper steps they could have stopped this, and they didn’t,” Day said.

The suit states Bryan and Adelita were there in 2018 when the FBI questioned Martinez over threats he made online against the federal government. 

It says they knew he had an illegal rifle and was using a 3D printer at their home in Sandia Park to make parts that illegally convert semi-automatic rifles into fully automatic fire.

According to the lawsuit, a neighbor told Martinez’s parents that he saw him walking around their gated community at night with an AR-15-style rifle and a handgun.

“If you’re in a situation where there’s some red flags, and a lot of red flags, if you know that they’re there, and you choose not to do anything through your own negligence, you are allowing bad acts to occur,” said Day. 

KOB 4 reached out to Martinez’s attorney but did not hear back. We also called the phone numbers listed with Martinez’s parents but did not get a call back. 

Martinez is in jail while he waits for his trial. Jury selection is scheduled for May. 

MORE:

• Man charged in Oñate protest shooting faces hate crime enhancement
• Man charged in Oñate protest shooting to remain in jail ahead of trial
• Suspect charged for shooting man at Juan de Oñate statue protest