Cleared murder suspect sues lawmen

LOS LUNAS, N.M. (KRQE) - The former Marine from Belen who shot and killed a burglar on the Fourth of July three years ago is now going after the lawmen who put him behind bars.

While Luke Sanchez was cleared of all charges, a lawsuit filed Tuesday claims he never should have been arrested in the first place.

Sanchez was on his way home when he saw Gary Gabaldón, a burglar who had just broken into a propane business in Los Chavez.

He said he shot in self-defense when Gabaldón came over to Sanchez's pickup truck and attacked him.

Sanchez was charged with an open count of murder and taken to jail.

"I lost my freedom," Sanchez said in 2009 after a judge dropped the charge citing lack of evidence . "Lost my constitutional right to freedom for charges that never should have been brought."

The lawsuit claims three officers violated his civil rights: Deputy C. Labate, Capt. Don Donges and former Sheriff Rene Rivera.

The complaint alleges there was no probable cause to charge Sanchez, but Labate was directed by Donges and Rivera to file arrest Sanchez and file the murder charge.

The actions of the three were malicious, reckless and without any justification of the law, according to the suit.

The lawsuit identifies Gabaldón as a former corrections officer claims Sanchez, while in the Valencia County Detention Center, was denied water, told to drink from the toilet and had his release delayed.

Sanchez is now seeking punitive damages for emotional distress, loss of income and attorney's fees along with injury to his reputation.

Rivera told KRQE News 13 he's been asked by his attorneys not to comment until they can look at the lawsuit. At this point they haven't been served with the paperwork.

As for Donges and Labate, they are still with the sheriff's department. The current sheriff also said it's too early to comment.