Local faces wrongful death suit

Jordan Walker of Tucumcari has been named in a civil wrongful death lawsuit in the 2015 shooting death of Patrick Gonzales, 17, of Tucumcari.

The suit was filed July 5 in Second Judicial District Court in Albuquerque before Judge Nancy Franchini.

Neither Walker, identified as the shooter in the suit, nor anyone else has been criminally charged in Gonzales’ death.

On Monday, New Mexico Attorney General Hector Balderas affirmed Tenth Judicial District Attorney Tim Rose’s conclusion that felony charges were not warranted in the case. Balderas in particular praised Rose’s consultation with three other district attorneys, who also concluded that serious charges were not appropriate.

Balderas, however, also asked whether Rose would consider a charge of negligent use of a deadly weapon.

Rose could not be reached for comment on Monday.

The plaintiff in the civil case, filed July 5, is Kelly Stout Sanchez, an Albuquerque attorney who is the court-appointed personal representative for Gonzales.

Matthew Vance, an Albuquerque attorney, is representing Sanchez in the case.

Sanchez’ appointment was the choice of Gonzales’ family, Vance said.

When reached for comment Monday night, Gonzales’ family declined comment and directed all questions to Vance.

Named as defendants are Walker, James Lee Rivera, Jr., Tonja Marie Rivera, Lynette A. Walker, Donald Lee Walker and Donna Walker. All defendants are Tucumcari residents.

Don Schutte, the Tucumcari attorney representing the defendants, could not be reached Monday.

The suit alleges Walker accidentally shot and killed Gonzales Oct. 1, 2015, while Gonzales sat in a vehicle in the driveway shared by the houses on the 600 block of Seventh Street.

According to the suit:

• Jordan Walker, 20 at the time, approached the vehicle as Gonzales and a 15-year-old passenger sat inside the vehicle.

• The elder Walker told police he wanted to show his .22-250 hunting rifle to Gonzales.

• Walker retrieved the rifle from a pickup truck. The rifle was loaded with a live round and the safety was off.

• Walker told police that as he attempted to hand the rifle to Gonzales, Gonzales pulled on the weapon and it slipped.

• When the weapon slipped, Walker’s finger engaged the trigger and the gun unintentionally discharged, according to statements from Walker.

The suit holds Jordan Walker liable for unspecified damages because he violated basic gun safety rules, including a failure to remove ammunition, a failure to engage the safety and pointing the gun at an unintended target.

The lawsuit also alleges James Rivera, co-owner with Jordan Walker of the hunting rifle, and Tonja Rivera failed to exercise reasonable care in entrusting the rifle to Jordan Walker, and should have known Walker was “unskilled or untrained” in safe handling and use of a firearm.

The suit also alleges that Lynette Walker, Donald Walker and Donna Walker, owners of the property at both 606 S. Seventh Street and 610 S. Seventh Street, and Tonja Marie Rivera, tenant on the 606 S. Seventh Street property, are liable on several counts, including:

• Failure to warn Gonzales of Jordan Walker’s “careless or negligent tendencies” in the use of firearms

• Failing to secure the rifle on the premises

• Allowing Jordan Walker to enter or remain on the property while in possession of a “loaded and unsafe” firearm

• Failing to train or supervise Jordan Walker in the handling and use of a firearm

• Failing to intervene between Jordan Walker and Gonzales

• Failure to render appropriate aide to Patrick Gonzales

• Failure to notify emergency responders about the injuries to Patrick Gonzales

• Concealing the wrongful conduct of Jordan Walker