Serving the High Plains
A San Jon teenager was charged with two misdemeanors after being accused of accidentally shooting another teen in the face.
Marvin James Reese Jr., 18, was charged with unlawful carrying of a handgun by a person under age 19 and negligent use of a deadly weapon (unsafe handling).
The unlawful carrying charge is a misdemeanor that could lead up to a year in jail and a fine of up to $1,000. The other charge is a petty misdemeanor that can lead up to six months in jail and a fine of up to $500.
Reese is accused of shooting Matthew Valdez in the 600 block of East Elm Avenue in San Jon on the night of Sept. 22.
Tucumcari Magistrate Judge Noreen Hendrickson issued an arrest warrant for Reese on Oct. 11 after an investigation by New Mexico State Police. He was booked that day at Quay County Detention Center and released on personal recognizance four days later.
According to an affidavit filed by state police investigator Mark Preciado, the shooting occurred in the front yard of the East Elm Avenue home.
Reese still was at the scene when detained by a NMSP officer. Valdez was taken to Trigg Memorial Hospital in Tucumcari.
Reese told a state police officer he had arrived at the home. In his pickup truck, Reese said he showed Valdez a .40-caliber Smith & Wesson handgun he had obtained.
"While showing Mr. Valdez the gun he thought the gun was unloaded and pulled the trigger," the affidavit stated. "The gun discharged, striking Mr. Valdez in the head area."
Preciado contacted Valdez at the hospital, where he saw the bullet appeared to have entered the side of Valdez's cheek under his eye.
A crime scene photo from an NMSP report obtained by the Quay County Sun showed a bullet hole in the passenger side window of the truck.
Valdez was airlifted to the University of New Mexico Hospital in Albuquerque for further treatment.
Valdez told the officer that Reese "was waving the gun around and happened to wave it in front of Mr. Valdez face and pulled the trigger."
Valdez told his sister Melissa Alvarez he'd been shot in the face by Reese. She took Valdez to the hospital.
"Mr. Valdez stated he and Mr. Reese were not mad at each other and the incident was an accident," Preciado wrote.
Alvarez said Reese and Valdez went to school together at San Jon and were friends. She said Reese told her he was sorry and did not know the gun was loaded.
Alvarez said she didn't see the firearm but saw where the bullet went through the pickup's window.
Preciado interviewed Reese's mother, Mandi Martinez. She said a panicked and apologetic Reese called her after the shooting.
When Martinez asked why he had a gun, he replied, "I don't know, mom; I just shot him in the face. I didn't mean to."
Martinez told the officer the handgun belonged to her father, Richard Martinez. She said her father, who was in Albuquerque at the time, makes the firearm accessible "for anyone who might need it in the household for emergencies."
In an interview with Preciado, Reese said as Valdez sat in the passenger seat of his pickup, he "began to mess around with Mr. Valdez" by pointing the gun at him "because he thought it would be cool."
Reese said he thought the gun was unloaded, and he pulled the trigger.
After the shooting, he said he left the gun on the center console of his pickup and went in the home to tell Alvarez what happened.
Reese said he had retrieved the gun from a safe in his grandfather's home. According to a state police report, Reese said the safe was locked the night of the shooting, but he knew the access code.
"Mr. Reese stated he did not get permission from his grandfather to get the firearm, but he is allowed access to it," Preciado wrote. "Mr. Reese stated he got the firearm because of several shootings which have happened in Tucumcari, and he wanted protection."
Reese told the officer he had shot guns before and was aware of the rule to treat all firearms as if they are loaded.
"Mr. Reese stated he did not know what was going through his head to cause him to point the firearm at Mr. Valdez."
Preciado called Alvarez, who stated UNM Hospital staff told him that Valdez had suffered a shattered right cheekbone that could not be surgically repaired, a shattered sinus cavity, unknown fragments behind the right eyeball's retina and blindness in the eye.
In a Facebook post four days after the shooting, Valdez wrote he had been in intensive care and after surgery to repair his injured eye, he received the news that "I might not be able to see out of my right eye again and could be blind for the rest of my life in that eye."
"Whether it was God himself or a (guardian) angel from up above, they made sure it wasn't my time and i am truly blessed and grateful that i can live on and continue this life of mine," he wrote.
A message to Valdez requesting comment was not answered.
Anyone younger than 19 cannot possess a handgun in New Mexico, with limited exceptions. No minimum age exists for possession of rifles or shotguns, though hunting for anyone younger than 18 requires a training certificate.
Reese was arraigned in magistrate court on Oct. 15 and was released from jail on personal recognizance. Among the conditions of his release is that he not possess any firearms.
Reese requested a public defender because he was financially indigent. Ian King of the King Law Firm in Albuquerque was assigned to his case.
A pretrial hearing was set for Nov. 5.