Judge denies motion to release man accused in shooting

A district judge last week rejected an attorney’s motion to release a jailed Tucumcari man accused of shooting two people with a shotgun during a neighborhood spat.

Juan Rubio, 40, has been detained in the Quay County Detention Center without bond since early May after being arrested and charged with four counts of aggravated assault with a deadly weapon, two counts of aggravated battery with a deadly weapon and one count of possession of a firearm by a felon, all felonies.

Rubio’s attorney, Vincent Mathias of Las Vegas, said during a motion hearing July 27 by videoconference that his client used a shotgun to defend himself and his family.

According to earlier reporting, two households got into an argument a day before the shooting about someone causing a nuisance in the south Tucumcari neighborhood with a loud motorcycle.

Mathias said Rubio was outnumbered 4-to-1 during the confrontation with neighbors outside of his home, and “he had no choice” to defend himself against them, including at least one individual who was bigger.

“He was well within his right to stand his ground,” Mathias said. “He’s not a danger to the community.”

Mathias presented a recorded phone call from the jail and a Facebook post he said that indicated Rubio was not the aggressor.

Mathias also said releasing Rubio would help him better prepare his defense for trial.

Assistant district attorney Thomas Blakeney said “nothing has materially changed” with the case and that Mathias can bring up issues from new evidence during the trial.

Judge Albert Mitchell Jr. turned down Mathias’ motion, noting Rubio’s past history of flouting the law. Mitchell also noted the New Mexico Legislature has become less tolerant of felons possessing firearms.

Regarding Rubio’s defense, Mitchell said Mathias can make arrangements to travel to the jail and meet with his client, as other lawyers do.

He said Mathias also can meet with the district attorney’s office to see whether they can come to an agreement on release conditions.

According to previous reporting, the next night after the argument about the loud motorcycle, an adult went to Rubio to resolve the spat. Rubio went back into his house, retrieved a shotgun and pointed it at four people outside. Rubio then shot the weapon twice.

Toby Apodaca was wounded in the foot from the blast, and a 17-year-old boy was wounded in the legs. Both were treated and eventually released from hospitals.