Court upholds pretrial jailing of man charged in shooting over Spanish conquistador statue

SANTA FE, N.M. (AP) — In a ruling on Monday, an appeals court upheld a judge’s decision to deny bail to a New Mexico man charged with attempted murder in the September shooting of a Native American activist. The activist was shot during confrontations about canceled plans to reinstall a statue of a Spanish conquistador.

The New Mexico Court of Appeals affirmed a pretrial detention order against 23-year-old Ryan David Martinez as he awaits trial on charges that include assault with a deadly weapon, hate-crime, and weapons violations. Martinez has pleaded not guilty to the charges.

Confrontations occurred on Sept. 28 in Española over canceled plans to install a bronze likeness of conquistador Juan de Oñate, leading to chaos as a single shot was fired during the gathering. Multiple videos show Martinez trying to reach a shrine opposing the statue’s installation, only to be physically blocked by a group of men. He then pulled a handgun from his waist and fired one shot, severely wounding activist Jacob Johns.

Defense attorneys argued that bail was denied arbitrarily, and without full consideration for monitored release options. However, three Appeals Court judges affirmed pretrial detention after consulting the state attorney general and reviewing prior district court testimony and evidence.

Attorney General Raúl Torrez urged the Appeals Court to keep Martinez jailed pending trial, citing the defendant’s aggressive conduct and the possession of a loaded, concealed gun at a peaceful ceremony. The state District Court Judge Jason Lidyard highlighted Martinez’s past violent threats and behavior, along with the possession and potential modification of automatic weapons at his parental home, in his decision to deny bail.

SOURCE: AP News