Lucky Shooter - Attorney says shooter at Santa Fe Allsup's acted in self-defense

[ANGLICO]

Attorney says shooter at Santa Fe Allsup's acted in self-defense
Nico Roesler | The New Mexican
Posted: Thursday, May 31, 2012

My Comments: Debate this. This guy might be real lucky (the defensive shooter) the police are not charging him for something. Regardless, I think he needs to go back and get some serious refresher training, or a little more common sense. At least he successfully defended himself without killing the bystander.

Santa Fe police didn't charge local artist Mateo Romero in connection with last week's shooting outside a north-side convenience store-----------

Cron said the homeless man started yelling at Romero saying, "Do you get off talking ... to women, making them feel bad?"

Cron said his client tried to ignore the man as he made his way back to his car. The homeless man, who Santa Fe police Sgt. Andrea Dobyns said has not cooperated with the subsequent investigation, then threatened to rob Romero, according to Cron.

---(snip)--- from way down in the article

The attorney said Romero reached into his car to get his gun. "He was hoping by just brandishing [the gun] it would get the man to leave him alone," Cron said.

Instead, the homeless man kept pressing the issue, Cron said. Police have said the man at one point slammed his hand on the car hood.

Cron described Romero's single gunshot into the ground as a warning shot and said a "fragment" of the bullet ricocheted up and hit a bystander using a nearby pay phone. (there are still places with pay phones?)

The 24-year-old bystander was later treated and released at Christus St. Vincent Regional Medical Center for an injury to his abdomen that wasn't life-threatening.

Cron said the man who was shot had become aggressive with Romero. "At that point, Mateo decided to leave," Cron said. "He went home and, after he had some time to collect his thoughts, he called police."

Read the rest of the details at: Attorney says shooter at Santa Fe Allsup's acted in self-defense - The Santa Fe New Mexican

[DefensiveCarry.com]

[ArkhmAsylm]

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Yet another reason why you shouldn't fire a warning shot...& should carry OC spray. Gees...

[Spirit51]

I don't understand why instead of reaching in and getting his gun, he just didn't get in and leave.

Brandishing and warning shots are never a good idea. ArkhmAsylm is right. IF you had to stay...pepper spray would have been a better choice. I also agree this guy should thank his "lucky stars" he was not charged and get more training and use common sense.

[Spirit51]

I also wonder if him being a local semi famous person kept him from charges. Would LEO and DA been this "understanding" if he were just plan old Joe Citizen.

[ANGLICO]

I also wonder if him being a local semi famous person kept him from charges. Would LEO and DA been this "understanding" if he were just plan old Joe Citizen.

I had not considered that point. I think you are right on target. LEO may have let it pass as knowing the local influence might make it more painful than wanted.

I would expect the Bystander who got fragged is going to put a civil suit against him and that would be interesting to see how the ruling goes concerning the discusion of a warning shot.

[Harryball]

I wonder were these people get there training from. O' wait they dont, the get the basic safety class and call it good. He should be charged, if not for being reckless, for being stupid....

[CaptSmith]

Could it be that "homeless" is code for "mainstreamed" (read abandoned) mental/crazy's...Santa Fe must be saving thier "court" money for something really important...idiots shooting and wounding bystander citizens does not apply...

[8th ID]

In addition to a firearm (and extra ammo) I carry Kimber OC/pepper spray. And IF I can get out of a situation by driving off, that is my plan. OC spray MIGHT have ended the confrontation. Who knows. It might have given him time to get to vehicle and drive off. Warning shots??? I just don't get it. IF I ever have to pull my firearm (and I hope this never happens) the decision has already been made in my mind that the threat is serious enough that I'm going to shoot center mass, not the ground.

The shooter should go play the lottery, soon!

[ccw9mm]

... kept pressing the issue ... at one point slammed his hand on the car hood.

... described Romero's single gunshot into the ground as a warning shot and said a "fragment" of the bullet ricocheted up and hit a bystander using a nearby pay phone.

... had become aggressive with Romero. "At that point, Mateo decided to leave."

Someone poses questions, seems agitated, slams a hand on the hood of a car and became "aggressive." It's unclear from the report when he went for his firearm. Timing, severity of the threat and details drive everything, but this one article doesn't seem to present sufficient circumstances to justify bringing deadly force to bear (or to threaten it with a "warning" shot). Dunno, as I wasn't there.

I've experience aggressive panhandlers, a few folks in a dark parking lot doing the too-close charity request, and on a couple occasions someone slamming a body panel on the car. But in none of those particular cases was I concerned enough to believe my life was at serious risk of loss or harm. Sure, there was agitation, crappy manners and in a couple cases even outright evidence of aggression, but that's different than a legitimate belief my life is at serious risk of loss or crippling injury. Hard to compare this article's situation to anything else, without far more detail/facts.

But I'd say the circumstances indicate the guy jumped the gun, as his life wasn't in clear jeopardy at the point he displayed it and fired. As he had ample time to dig around in the car for his firearm, he absolutely ought to have time to simply close the door and leave in the car, which would have been far simpler and legally more justifiable, at least until it had escalated to a deadly threatening attack.

AOJ: Justifiable use of Deadly Force.

[Spirit51]

In addition to a firearm (and extra ammo) I carry Kimber OC/pepper spray. And IF I can get out of a situation by driving off, that is my plan. OC spray MIGHT have ended the confrontation. Who knows. It might have given him time to get to vehicle and drive off. Warning shots??? I just don't get it. IF I ever have to pull my firearm (and I hope this never happens) the decision has already been made in my mind that the threat is serious enough that I'm going to shoot center mass, not the ground.

The shooter should go play the lottery, soon!

If you or I pulled that same stunt in that same town....we would be behind bars right now. The guy that pull this stunt was a local semi celebrity. He is a local claimed artist.....at least locally, whose are work graces the local markets.
I believe he is Native American also. You see it comes down to who you know or who you........you get it.

[Ram Rod]

Lucky Shooter - Attorney says shooter at Santa Fe Allsup's acted in self-defense

I say being "lucky" is surviving. Go to jail alive and all is good IMO. Attorneys and all that other BS give little meaning to still being alive. One of these days....everyone will realize this. Until then....you do what you gotta do. Attorneys only work a few days a week and make profits off those who got stuck in bad circumstances.