Hearing for man who shot alleged burglar resumes

A preliminary hearing to determine whether a Valencia County man who shot and killed a suspected burglar acted in self defense or committed murder continues Tuesday
Former marine Luke Sanchez is charged with fatally shooting Gary Gabaldon on July 4 after he spotted Gabaldon and Rudy Sisneros allegedly breaking into Enchantment Propane called 911 and then followed the two men as they left the scene

Sanchez was on the phone with the Valencia County emergency operator reporting a burglary when Gabaldon was shot and killed

Get back stay there stay there Sanchez can be heard telling someone on the 911 tape before telling the dispatcher He punched my window out I just shot one and finally I just killed one

Tuesday in court pictures of the handgun used to kill Gary Gabaldon were shown as well as the truck Luke Sanchez was driving the night of the shooting

The defense on Friday morning told the court that Sanchez had no other option but to shoot Gabaldon It also pointed out that Gabaldon was attacking Sanchez when the shooting occurred

The prosecution said that Sanchez pursued the suspects after calling 911 and that he did not have a right to follow the suspect s car when the suspects noticed Sanchez

The case has split much of Valencia County Some 4 000 people have signed a petition supporting what Sanchez did while others contend that Sanchez was active as a vigilante The hearing was moved from Belen s magistrate court to Valencia County district court because of security

Rudy Sisneros Gabadon s alleged accomplice is reportedly cooperating with authorities

The case has prompted a tremendous public outcry Close to 4 000 have signed a petition supporting what Sanchez did