Court of Appeals rejects motion seeking release of accused gunman in O帽ate protest shooting
Ryan Martinez, of Sandia Park, talks with Rio Arriba County Sheriff鈥檚 deputies outside the Rio Arriba County Building in Espa帽ola on Sept. 28.
Published
Modified
A man charged in the Sept. 28 shooting of a Native American activist in Espa帽ola will remain in custody while he awaits trial for attempted murder and other charges, the New Mexico Court of Appeals ruled on Monday.
Ryan Martinez, 23, allegedly shot the man during a rally celebrating a decision by Rio Arriba County officials to postpone relocating a controversial statue of conquistador Juan de O帽ate to a public location in Espa帽ola.
Nicole Moss, an attorney for Martinez, said Monday that the Court of Appeals ruling, 鈥渨hile disappointing, is not surprising鈥� because the evidence presented by prosecutors 鈥渨as not a complete and accurate record of what actually happened that day at the Rio Arriba County Complex.鈥�
Moss contends that Martinez had peacefully attended the rally and was attempting to get close to the statue pedestal for a photograph when he was violently attacked by a group of anti-O帽ate protesters.
Martinez, a Sandia Park man with no criminal history, was in danger of being severely beaten or killed by protesters when he fired a handgun in self-defense, Moss said.
Native American activist Jacob Johns of Spokane, Washington, was struck in the torso by a single gunshot and airlifted to University of New Mexico Hospital where he underwent surgery.
Martinez was charged Oct. 19 in 1st Judicial District Court in Santa Fe with attempted first-degree murder in Johns鈥� shooting and aggravated assault with a deadly weapon for allegedly pointing the weapon at a second person. On Oct. 26, a district court judge in Santa Fe ordered Martinez held in jail pending trial.
His attorneys appealed the order Nov. 6 to the Court of Appeals, arguing that Martinez was peacefully attempting to get close to the statue when Johns and other protesters 鈥減hysically accosted him, put him in a headlock, struck and battered him.鈥�
New Mexico Attorney General Ra煤l Torrez filed a response to the Court of Appeals arguing that Martinez arrived at the protest wearing a 鈥淢ake America Great Again鈥� hat, and repeatedly 鈥渃harged鈥� toward a group of male protesters surrounding the pedestal, who pushed Martinez back.
When the men released Martinez, he jumped over a waist-high wall and pulled a concealed Glock 19 pistol, Torrez鈥檚 motion said. Martinez fired, striking Jacob, who suffered a collapsed lung and damage to other organs. Martinez then sped away in a Tesla and was later stopped by Pojoaque police, who found a second Glock pistol in the console.
Martinez鈥檚 attorneys argue that prosecutors presented a 鈥渇alse narrative鈥� that portrayed Martinez as the aggressor and the anti-O帽ate protesters as a peaceful group.
鈥淲e believe that the videos will show that Mr. Martinez was not being aggressive,鈥� Moss said. 鈥淗e was actually being rather calm and peaceful and respectful. There are actually multiple witnesses who say that Mr. Martinez just wanted to have his picture taken in front of the pedestal.鈥�
Moss and her co-counsel, Marshall Ray, filed a motion last week seeking additional evidence from prosecutors that they say will show that the anti-O帽ate protesters intended to halt the installation of the statue by 鈥渃reating an unsafe environment for workers and observers.鈥�
8+ pictures of Juan de O帽ate statue rally in Espa帽ola
