Suspect in Oñate protest shooting appeals detention
A judge’s order to deny bail is being challenged by a Sandia Park man charged with attempted murder in the September shooting of a Native American activist during confrontations about canceled plans to reinstall a statue of a Spanish conquistador, according to court documents.
Attorneys for defendant Ryan David Martinez, 23, are urging the New Mexico Court of Appeals to overturn a court order that keeps him jailed pending trial on charges that also include assault with a deadly weapon and potential sentence enhancements on alleged hate-crime and weapons violations.
Martinez has pleaded not guilty in the Sept. 28 shooting at a protest in Española over a bronze likeness of conquistador Juan de Oñate, who is revered and reviled for his role in establishing early settlements along the Upper Rio Grande in 1598. Chaos erupted as a single shot was fired in events recorded by bystanders’ cellphones and a surveillance camera.
The appeal of the detention order argues bail was denied arbitrarily in a decision that stems from “false narratives” and insufficient evidence.
“Even where there is a finding of potential for failure to appear or danger to the community, the defendant is still entitled to release if those issues may be reasonably controlled by conditions of release,” the appeal states.
Defense attorneys Nicole Moss and Ray Marshall described three men in the crowd, including the man who was shot, as instigators and say Martinez pulled out a lawfully permitted concealed handgun after being tackled. “Mr. Martinez will have a strong argument for self-defense to the underlying charge,” the appeal states.
Prosecutors say they expect the pretrial detention order to be upheld. “We disagree with the defense’s assessment, and so did Judge Jason Lidyard,” said Nathan Lederman, a spokesman for the District Attorney’s Office.