Judge Pat Murdoch reversed himself Friday and sent Elton John Richard II home to his family with time served, a five year probation, and the bill for Daniel Romero's funeral. It was a step towards righting a wrong that started when Richard plead guilty to manslaughter and ended when Judge Murdoch initially sentenced Richard to 2 years in prison and four years of $500 a month restitution to Daniel Romero's family.
There were a lot of wrongs in this case starting with Daniel Romero who made the wrong decision to try to pay off a drug dealer by stealing a vehicle from the wrong man. Romero's string of wrong decisions continued when he refused to be taken into custody to wait for the police, when he attacked the Marine whose Bronco he had tried to steal and when he ultimately turned to attack him for the last time.
Daniel Romero wasn't the only one to make the wrong choices. District Attorney Kari Brandenburg made the wrong choice when she decided to prosecute a man who only did what any police officer would have done in the same situation. Billy Blackburn, a high power attorney (one of the best really) was wrong when he advised his client to take a plea rather than go to court. Judge Murdoch was wrong when he accepted the plea and doubly wrong when he imposed his initial sentence.
Finally after all of those wrongs, Judge Murdoch did the right thing by reducing Richard's sentence. The problem is one right doesn't undo all of the wrongs that preceded it.
We have to admit that we initially struggled with this story. No one wants to see a fleeing man gunned down. But as we looked into the story we became more and more convinced that Richard acted in the best traditions of law enforcement and the Marine Corps. He protected his family and the rest of us, while restraining himself from using deadly force until he felt his life was in danger.
Ultimately, the only way that all of these wrongs can be righted is for the Governor to pardon Richard. Mr. Romero is dead because he was continually in the wrong. Mr. Richard lost the life he knew because of the wrongs done to him. Governor Richardson has the power to return a man's life - he should exercise that power and right all of the wrongs that came before.
37 comments:
I'm not sure what I would have done if I were most of the characters in this story. I'm sure I wouldn't have been the thief, but after knowing what I do now, I agree an appearance of injustice has been laid on Richard’s shoulders. I think there should be no restitution money paid to the Daniel Romero family for his wrongdoing (to even be fined for this event is appalling). I also concur that a pardon from the Governor would be the right thing to do.
I could not agree more. I think Richardson needs to pardon him. It seems that Judge Murdoch (usually pretty fair) understands that he did the wrong thing. What it comes down to is Kari Brandenberg made a bad decision, as always and proceeded to prosecute a man who made a split second decision to protect himself and others, irregardless if he chased the crook down or not. Good job on this one EYE.
Dave D. & Rob S. Stop posting comments.
It just makes you look like brownosers of Ray's
Don't forget to list Mr. Richards wrong in chasing down a burglar & executing him..........
I wonder if there would be nearly the support for supporting an ex-con hispanic with a shaved head and tattoos who was otherwise did the last same thing as Richard? I highly doubt it. I'm not sure why his being an ex-Marine is even relevant to the crime he committed.
I find it interesting that some people seem to think it's ok for people to act in the capacity of law enforcement without them actually being a police officer. Frankly, I think two years for manslaughter was quite reasonable. Judge Murdoch was correct during the first sentencing proceeding when he said that once Romero was off his property that the threat was no longer there. To call someone a "hero" who takes the law into their own hands and guns down an individual a quarter of a mile from the crime scene is almost laughable. I suppose you can't expect much more from bleeding liberals, though. And as far as it being the "wrong choice" for the DA's Office to prosecute someone who killed a person, I think the above poster poses an interesting question into how people would feel if the race roles were reversed and Romero were white and Richard were hispanic. Criminal or not, Romero did not deserved to be killed.
Mr. Richards did his time serving the country so idiots like you could be a loser liberal, while on the other hand Romero did his time stealing from people like you and I. Poor guy, I guess he never got a chance to apologize to all those he stole and robbed from over the last 20 years. Give me a stinkin break. God help us
"Don't forget to list Mr. Richards wrong in chasing down a burglar & executing him.........."
Do you want fries with that?
I certainly don't agree with some poster. I am a cop and I knw if the threat is running away from me I will not shoot him. I would like some one 2 clarify exactly what richard did in the military.I hear he was only in the reserves, but he is referred 2 as highly decorrated,,,we need 2 know
It is one thing to take pride in your job. It is another thing to consider yourself better than you are. There was a time when the written law was to carry your firearm to church services to defend your family in case there was trouble on the way. The good U.S. citizens of the time did not require “law enforcement agencies” for protection. Some of us still think for ourselves and don’t have a need from the police department for security.
To: "I am a cop...
During your training didn't you ever learn about a "fleeing felon"? Case law, buddy.
It doesn't matter what he was in the military, or who he is now.
Guy has a job, wife, kid(s), home, and a bronco. He sees someone trying to steal his vehicle.
What do you do?
Why should someone who hasn't made the payments, worked a regular job, scrimped and saved to be able to have the things he has just allow someone to take something of his only because he doesn't want to have to work for it?
So he confronts the guy. The guy runs, the owner chases him, not because he wants any kind of justice, revenge or anything else, but because he knows if he doesn't, he might as well put "take me free" signs on everything he owns because the thief will be back. So he chases him to hold him for the cops.
Then, after telling him to stop, doing everything he possibly can to get the guy to give up, including hearing how the guy is going to come back for his family, and knowing that he's calling his buddies to come help him out, he turns on you. And theres someone in a car that you don't know behind you. And you realize that you are about to get all the things that the thief has been threatening you with the whole time you have been chasing him? What do you do?
If you can honestly say that you are just gonna walk away, (as though the thief and his buddy are going to let you walk away at this point) then you are dumb as a rock, waiting to be a victim, someone that I don't want living near me* and d, all the above.
*Next time they come to your house to steal your shit because they know you won't do anything about it? What happens when they see my shit in my yard? I don't feel like losing the stuff I've worked for all my life because you are a pussy and won't take care of yourself. But you can bet your ass that if I saw someone stealing your shit I'd be on them like it was my own. Unfortunately this is why people like you are still here, cuz people like me, and like Richard are taking care of business. He should never have been prosecuted, and now should be pardoned. And I wouldn't blame him if he got the hell out of this fucked up city, in the middle of this fucked up state as soon as he possibly could, the rest of us are.
"I am a cop and I knw if the threat is running away from me I will not shoot him."
So what if the threat is running away from you but towards somebody else?
Dave and Rob out rank us.
Wow ! Maya copa. My bad.
You under rankers, don't use their mens room either.
What the F _ _ k, are we in high school.
I'm not surprised at any of this. In this city, I knew it was going to come down to this. People are fed up and everyone is packing heat. Guns that were otherwise unloaded,now are. So bring it on banger bastards, people are just going to shoot first and ask questions later. It's about time that the citizens just open a can of whoop ass and shoot these vato assholes.
D & R. Stop talking smack about Paul. You'd done the same thing, but that would upset Ray, and you'd get a spanking.
I'm looking forward to all these Rambo cops posting in favor of vigilante justice having their own first encounter with vigilantes trying to intervene in chase situations. After you lose a leg to some vigilante idiot's stray bullet are you going to forgive him because he's such a hero? How about a couple years later when the hero pistol whips you for begging for spare change downtown?
This whole thing is a huge, ugly mess. Richards broke the law, he is not LEO, he should not have tracked down Romero & killed him no matter who or what Romero was. You know, I consider myself a conservative: I hate the illegal immigration/brown tide, I hate gang bangers, drugs, crime. The word "hate" is not strong enough. Unfortunately, I, too have been a victim of crime. Nonetheless, the sentence for Richard should have stood.
That's what's wrong with this state/city: everybody has to put their liberal 2 cents worth in on matters that do not concern them.
And to the poster that was challenging us to think about it if the races, etc. were reversed-you're right on the money! We would not even be having these conversations if the roles were reversed!
Jim Villanuci for Mayor in 2009, and Sgt. Paul Heh for Police Chief.....!
Thank you for keeping us up-dated. Could you please list a link or the e-mail for the Honorable Governor Richardson? I would be proud to send him a message telling him to do what is right;
a complete pardon.
To the poster that thinks it's only cops, that post, and D&R whoever they are.
You are trying to minimize this site! I have nothing to do with APD but I read and post. As do so many "ordinary citizens".
The way I read it: administration is a-scared of regular people posting so they blame it on a few, trying to make the eye not credible.
Well, FYI: it's not only cops but allot of city workers, their friends and family. The word has gotten out and the coruption exposed. Not just from Alburquerque (not a spelling mistake) but from across the US.
Although, most of the at-will employees have no education and will follow the college educated Marty, many of us are actually educated, despite the graduation stats in ABQ.
Here's the one thing I can't get around. If he chased him down, and killed the guy because he knew he would come back and try to hurt his family, aren't his actions basically a reflection on how he weak and nonresponsive APD is to the common person's problems. I mean, if he thought APD would have protected his rights if the guy comes back, he probably wouldn't have pulled the trigger. But, because of experience or whatever, he FELT that he had to take care of the problem before it came back to bite him, which means he felt that the police could not or would not do their job.
If that's the case, I don't get how law enforcement can jump up and down in support. I mean his actions basically reflect some people's feeling that APD will write tickets, arrest people for DUIs, but try to get out of protecting people, their families, and their property.
Personally, I think APD is very responsive and very good about dealing with the worst this city has to offer. That's why I don't buy this argument that he needed to resolve the problem sooner rahter than later. Had he waited, had Romero come back, I think APD would have been there to stop him.
Just the way I see it.
Yeah, get Paul a booster chair & make him a PD Chief, that will really help things a lot.....Ha!
Jim V for Mayor? What a joke....Oh Yeah, lets put some afternoon talk show flunkie in charge of stuff...
Jimmy V would make a better mayor that Marty C. Of course, as far as I'm concerned the only person who would be worse than Marty would be Jim Baca, and we've already been down that dark alley.
To just the way you see it:
Romero told Richard he was going to come back and kill him and his family. Then when he was on the street with Romero and his gansta friends with a car coming up behind him. Romero told him it was his friends coming to get revenge. After Romero & gansta buds had targeted his house and threatened to kill him and his family. What's a brother to do.
I just hope that the scumb bag, politally conetcted, Romero family doesen't come back with a civil suit!! I'm sure they will after all they've been living off us the tax payer citizens for years, and think their entited, like so many of the scum that live here in NM.
At least Jim knows how to read & think, and would be willing to uphold the 4th amendment (as well as ALL of the U.S. constitution) ... Illegal DUI search points would not be a part of HIS police force .... His officers would obey the letter of the law!
For the poster asking bout 'fleeing felon' he better be the biggest badass you ever seen, not someone who just broke into a car. I don't think that meets the definition of violent, but you shoot whoever you want. Won't bother me a bit.
Dave & Rob stop posting
It's clear that none of you posting know the actual facts of this case. Nobody was behind Richard; nobody witnessed the shooting. And tell me how someone can be attacking you if the gunshot was determined to be from a long distance? Don't get me wrong, Romero was a total shit bag and deserved what he got, but under the black and white of the law, Richard is still guilty, lets move on.
Leave Dave & Rob alone they are good guys and have the right to post---- it is still America I believe although some folks in this town hat to admit it
Nobody gives a shit if Richard was guilty. He still did society a favor. Send the Romero family a bushel of beans, 50 bucks a case of Colt 45, and a couple pair of jumper cables so the scum's funeral procession doesn't take all day a block draffic on the way to the dump.
They'll be fine. Some other family will just have to go out and steal some elses stuff now. I'm sure the hole fucking family is trained to do so.
Doesn't really matter if your upset Richard is out of jail, the score is.....
Good guys 1 Bad guys 0
Speak for yourself, I'm a good guy and don't want to be grouped with richard, sorry.
I do not believe in vigilante justice, however the training of the Marine Corps becomes so ingrained in the mind that it is difficult to forget even after being discharged for several years. My training by the United States government has led me to act in ways I never would have thought possible before being in the military. Unfortunately for me I am in trouble for trying to protect myself against the police, which will not stand as well in court as trying to protect yourself and home against someone who is not in uniform. Wish me luck as I try to defend myself in court against the same men who stormed into my house with their weapons drawn and tasered me in the head because I was hiding under my bed.
my god! thats gotta hurt! who shoots offenders in the head with a taser?
Did the Marines ingrain the 'hide under my bed' mentality. Wow, what a moron. Thanks for your service, I guess, but my bet is you certainly were not honorably discharged.
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