{"id":32885,"date":"2023-10-16T09:32:08","date_gmt":"2023-10-16T13:32:08","guid":{"rendered":"https:\/\/indianz.com\/News\/?p=32885"},"modified":"2023-10-16T09:41:38","modified_gmt":"2023-10-16T13:41:38","slug":"source-new-mexico-shooter-remains-behind-bars-pending-trial-in-hate-crime-case","status":"publish","type":"post","link":"https:\/\/indianz.com\/News\/2023\/10\/16\/source-new-mexico-shooter-remains-behind-bars-pending-trial-in-hate-crime-case\/","title":{"rendered":"Source New Mexico: Shooter remains behind bars pending trial in hate crime case"},"content":{"rendered":"\"Rio<\/a>
Relatives and friends of Jacob Johns huddle and cheer outside the Rio Arriba County Courthouse in Tierra Amarilla. Johns was unable to come to the preliminary examination and pretrial detention hearing because he is fighting for his life at University of New Mexico Hospital in Albuquerque. Photo by Austin Fisher \/ Source NM <\/figcaption>\r\n
O\u00f1ate statue shooter to remain in jail until trial<\/div>\r\n
Police find second handgun in his vehicle, rifle and 3D-printed gun parts in bedroom<\/div>\r\n
Monday, October 16, 2023<\/div>\r\n
By Austin Fisher, Source New Mexico<\/a> <\/div>\r\n\r\n
sourcenm.com<\/a><\/div>\r\n\r\n

<\/p>\r\nTIERRA AMARILLA — A man drove more than an hour from his home in the foothills near Albuquerque to Espa\u00f1ola where he provoked a crowd gathered around a contested public monument, shot someone, assaulted someone else and fled back south until he was stopped by tribal police.

<\/P>Ryan Martinez, 23, will stay in the Rio Arriba County Detention Center until he goes to trial, where a jury could decide if he is guilty of trying to murder Jacob Johns and assaulting Malaya Peixinho on September 28 outside a county government building next door to the sheriff\u2019s office in the Northern New Mexico community.

<\/P>Across nearly five-and-a-half hours of sworn testimony on Friday, witnesses convinced First Judicial District Court Judge Jason Lidyard of clear and convincing evidence Martinez is dangerous. They said he made racist comments to children, tried to provoke negative reactions from various people, and told a sheriff\u2019s deputy to \u201cfuck off.\u201d

<\/P>The judge watched closely as Martinez was shown on county surveillance footage, carrying a concealed 9mm handgun, repeatedly trying to rush into an area where around 50 people were peacefully celebrating<\/a> county officials\u2019 decision to postpone resurrecting a statue of genocidal Spanish conquistador Juan de O\u00f1ate

<\/P>A group of eight people, including Johns, prevented Martinez from reaching elders and children gathered just outside the doors leading to the county commission chambers. The group made no show of force against Martinez, the judge said.

<\/P>\u201cGiven his conduct \u2026 not only the incident before the court, but the behavior at his home, and in his residential neighborhood and on the internet, there are no conditions of release capable of ensuring the safety of the community if he were to be released,\u201d Lidyard said.

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\n\t\t\n\t\t\tNDN LIVE | Press Conference #RyanMartinez Charged | #JacobJohns #NM\t\t<\/a>\n\t<\/div>\n\t
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We are live in front of the Rio Arriba County Courthouse where Judge Lidyard found probable cause during a sentencing hearing to charge Ryan Martinez with At…<\/p>\n\t\t<\/a>\n\t<\/div>\n\t

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NDN Collective: Press Conference #RyanMartinez Charged | #JacobJohns #NM<\/a>\r\n<\/figcaption>\r\n

<\/p>\r\nCounty officials had taken down the statue, originally located in Alcalde, N.M., during the nationwide uprising<\/a> of 2020 after the police murder<\/a> of George Floyd. This year they built a concrete pedestal in Espa\u00f1ola where they planned to replace it, until two of the county\u2019s three commissioners said they didn\u2019t want to go through with it.

<\/P>Lidyard said it\u2019s reasonable to infer Martinez was well aware he was creating a sense of provocation when he repeatedly tried to reach the pedestal \u201cknowing it would provoke those who disagree with him.\u201d

<\/P>The judge said as a result of his actions, and as \u201cany reasonable person would anticipate,\u201d a confrontation occurred, he pulled his gun and shot \u201canother human being standing in a crowd.\u201d

<\/P>\u201cIt\u2019s concerning behavior, to say the least,\u201d the judge said. \u201cIt is certainly violent in its nature, and the circumstances seem to be created by Mr. Martinez.\u201d

<\/P>Nicole Moss, Martinez\u2019s private defense attorney, said he had been at the event for a while that day, spoke with some of the people there, introduced himself, shook hands with Peixinho and asked for someone to take his photo.

<\/P>\u201cThat is not somebody who is willfully and deliberately planning to kill someone,\u201d Moss said. \u201cTo the contrary, those are the actions of somebody who has no plans on committing any crimes, whatsoever.\u201d

<\/P>Moss said instead, he wanted to reach the pedestal so badly because he wanted \u201cone more photo\u201d with it.

<\/P>While Lidyard made factual findings on Friday, he did not rule on Martinez\u2019s intentions, nor any self-defense claims he may bring up at trial. Those were not at issue during Friday\u2019s hearing and should be left for a jury to decide, he said.

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