Cuba man receives 4-year sentence for beating roommate to death with a baseball bat

  • Kimsey Barboan beat his roommate with a baseball bat and left him to die
  • The binding plea deal set his sentence at 4 years and he must serve 85 percent
  • Barboan already served 1.5 years while awaiting trial

See the full case summary

BERNALILLO, N.M. — A 35-year-old Cuba man received a four-year sentence, June 17, 2019, for beating to death his roommate with a baseball bat in 2017.

Kimsey Barboan

Kimsey Barboan pleaded guilty in Bernalillo District Court to charges of voluntary manslaughter, unlawful taking of a vehicle and DWI third offense.

According to court documents, Barboan beat Anthony Martinez, 61, of Cuba on Dec. 16, 2017, and left him for dead in their home, where he was discovered two days later by a friend who was looking for work.

District Court Judge Louis McDonald accepted the plea deal, signed by prosecutor Amy Lopez Dooling, which set Barboan’s sentence at four years followed by three-and-a-half years of supervised probation. McDonald sentenced Barboan the same day, according to the provisions of the plea deal.

Because of the time he already spent in custody (1.5 years), he only has to serve just over two years in prison.

According to the plea, Barboan’s killing of Martinez was done as “a result of sufficient provocation.” Court documents do not state what Martinez did to sufficiently provoke Barboan.

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Kimsey Barboan: Anthony Martinez — 12-16-2017

  • Suspect: Kimsey Barboan
  • Victim: Anthony Martinez, 61
  • Charges: Second-degree murder, unlawful taking of a vehicle, tampering with evidence, DWI, driving on a license revoked for DWI and open container of alcohol in a vehicle
  • Status: Pleaded down to voluntary manslaughter, unlawful taking of a vehicle and DWI third offense
  • Sentence: 4 years followed by 3.5 years supervised release, per plea agreement; credit for 1.5 years time served
  • Date of incident: Dec. 16, 2017
  • Investigating Agency: State Police
  • Location: 334 County Road 13, Cuba, Sandoval County
  • Magistrate case number: M-45-FR-2017-00919
  • District case number: D-1329-CR-201800063

 

Summary

On Dec. 16, 2017, Kimsey Barboan, 33, beat his roommate, Anthony Martinez, 61, to death with a baseball bat at their Cuba home. He then drove to a gas station in Cuba where he was reported as lying in a truck with a head wound. He was sent to the hospital, and then arrested, for drunk driving and felon in possession of a firearm. Officers found a bloody bat in the truck.

On Dec. 18, 2017, two of Martinez’s friends went to his house on County Road 13 and found he was lying, dead, inside the house. The next day, State Police agents charged Barboan with an open count of murder.

On Feb. 1, 2018, a Sandoval County grand jury indicted Barboan on a series of charges, including second-degree murder.

On June 17, 2019, Barboan pleaded guilty to voluntary manslaughter, unlawful taking of a vehicle and DWI third offense. As part of his plea deal, his sentence was set at 4 years followed by 3.5 years of supervised probation.

The incident

On Dec. 16, 2017, Kimsey Barboan beat his roommate, Anthony Martinez, 61, to death with a baseball bat.

He was only arrested charged with Martinez’s death three days later, while he was already in custody on charges related to drunk driving and the illegal possession of a firearm, State Police Agent Marcus Lopez wrote in an affidavit for an arrest warrant.

Lopez wrote that he interviewed Barboan, along with Agent Tony DeTavis, on Dec. 18, 2017.

Kimsey Barboan

“Mr. Barboan advised he had been chopping wood at the residence, 334 County Rd 13 (sic),” Lopez wrote. “Mr. Barboan advised he currently lives there with Anthony Martinez.”

Barboan told the agents that at 5 p.m. on Dec. 16, 2017, he went into the house and Martinez “jumped him and struck him with a wooden baseball bat,” Lopez wrote.

“He sustained injuries to the left side of his head and face,” Lopez wrote. “Mr. Barboan advised he got the baseball bat away from Mr. Martinez and began to strike Mr. Martinez with the baseball bat. He advised he did see blood on the facial area of Mr. Martinez.”

He told the detectives there were stolen guns in the house and Martinez used illegal drugs.

“Mr. Barboan stated he left the residence and also started Mr. Martinez was making some type of groaning noises,” Lopez wrote. “He took the baseball bat and broke out the window to the 1985 Blue GMC pickup, the driver’s side door.”

Lopez wrote that State Police Officer Darrell Blackhorse was told by dispatchers to be on the lookout for a 1980s Chevy pickup on the evening of Dec. 16, 2017 and he found it at the Circle K in Cuba.

Officers did not know about the homicide at this point.

Lopez did not write why Blackhorse was told to look for the truck.

Inside the truck, Barboan was lying across the front seat. He had a cut on the left side of his forehead. Blackhorse called for an ambulance and Barboan told him he got the cut because was jumped by “numerous white males,” Lopez wrote.

In the truck, Blackhorse found a bloody baseball bat and a rifle. He left the bat and seized the rifle and called an ambulance for Barboan, who was transported to the hospital. After Barboan was released, Blackhorse charged him for drunk driving, felon in possession of a firearm, driving on a revoked license, open container of alcohol in a vehicle and on two felony arrest warrants, he wrote.

Two days later, at 11:30 a.m., Dec. 18, 2017, two friends of Martinez went to his house. One of them, Coby Aragon, wanted to see if Martinez had any work for him, Lopez wrote.

When he went into the house, he found Martinez on the floor and told his friend, who called 911, he wrote.

Sandoval County Sheriff’s Deputy Robert Stand arrived and saw Martinez appeared to have blunt trauma to the head and “there was lots of blood.” Martinez was cold to the touch and had no pulse, Lopez wrote.

Stand noted that it appeared there had been a struggle in the house and there was blood on several walls, he wrote.

Where the kitchen and living room met, there was a dark baseball bat with blood on it. The deputies referred the case to the State Police agents, Lopez wrote.

Lopez and DeTavis then interviewed Barboan while he was being held at the Sandoval County Detention Center, he wrote.

Lopez charged him with an open count of murder and tampering with evidence.

On Feb. 1, 2018, a Sandoval County grand jury indicted Barboan on charges of second-degree murder, unlawful taking of a vehicle, tampering with evidence, DWI, driving on a license revoked for DWI and open container of alcohol in a vehicle.

Below is the affidavit for an arrest warrant by Lopez.

 

12-19-2017 - Affidavit arrest warrant - Kimsey Barboan

 

Plea and sentence

Portrait of District Judge Louis McDonald
Judge Louis McDonald

On June 17, 2019, Kimsey Barboan pleaded guilty to voluntary manslaughter, unlawful taking of a vehicle and DWI third offense.

District Court Judge Louis McDonald accepted the plea, which set Barboan’s sentence at four years followed by three-and-a-half years of supervised probation, according to the judgement and sentence.

The plea was also signed by prosecutor Amy Lopez Dooling.

Barboan received credit for time served of 547 days, or just over a year and a half.

According to the plea deal, Barboan killed Anthony Martinez “as a result of sufficient provocation” but no court documents state what, specifically, Martinez did to sufficiently provoke Barboan.

Below is the plea agreement signed by McDonald, Dooling and Barboan’s attorney, Michael Rosenfield:

 

6-17-2019 - Plea - Kimsey Barboan

 

See all the case documents on Google Drive

Thomas Goodridge: Anna Goodridge — 4-22-2017

  • Suspect: Thomas Goodridge, 72
  • Victim: Anna Goodridge, 76
  • Charges: First-degree murder
  • Status: No contest plea to second-degree murder
  • Sentence: 8 years
  • Date of incident: April 22, 2017
  • Investigative agency: Sandoval County Sheriff’s Office
  • Location: 5 Alexi Place, Placitas
  • Relation to victim: Husband
  • Magistrate case number: M-45-FR-2017-00272
  • District case number: D-1329-CR-201700168

Summary

On April 22, 2017, Thomas Goodridge, 72, allegedly listened to a voice in his head that told him to kill his wife, Anna Goodridge, 76, because they were both going to be attacked in their Placitas home.

He allegedly took a rock from the front of their house and bludgeoned her in the head while she slept. He then washed his hands, combed his hair, brushed his teeth and then called police to say what he had done.

He allegedly told Sandoval County Sheriff’s Deputies they had been married for 46 years and was diagnosed as being bi-polar and had been taking his medication, but he was overcome with a fear that they were going to be attacked and he wanted to spare his wife as much pain as he could.

He was arrested on an open count of murder.

On May 4, 2017, he was indicted on a charge of first-degree murder and on May 2, 2019, he pleaded no contest to one count of second-degree murder. A plea deal capped his sentence at eight years, which he was sentenced to on July 30, 2019.

The incident

On April 22, 2017, Thomas Goodridge called 911 to allegedly say that he had killed his 76-year-old wife, Anna Goodridge.

Sandoval County Sheriff’s Deputy John Colvin and Sgt. Robert Marshal were first dispatched to the call, Sgt. Victor Rodriguez wrote in a statement of probable cause for Thomas Goodridge’s arrest.

Thomas Goodridge

“Upon arrival, Deputy Colvin detained Thomas Goodridge who had walked out of the residence,” Rodriguez wrote. “Thomas Goodridge made a statement about him murdering his wife, Anna Goodridge. Sergeant Marshal made entry into the residence. Inside the master bedroom, Sergeant Marshal located Anna Goodridge lying on the bed. Anna Goodridge had sustained severe trauma to her head and she was deceased.”

Next to the bed, Marshal saw a piece of rock splattered with blood. Colvin read Thomas Goodridge his Miranda rights, including his right to remain silent, and the latter agreed to talk.

“Thomas Goodridge told Deputy Colvin that he used a rock located near the front door of the residence,” Rodriguez wrote.

The rest of the rock was located at the front of the house, covered in blood, and matched the rock shard.

Rodriguez interviewed Thomas Goodridge a second time at the sheriff’s office.

“Thomas Goodridge informed us that he woke up around 1 a.m. fearing that he and his wife, Anna Goodridge were going to be attacked,” Rodriguez wrote. “Thomas Goodridge stated he and his wife, Anna Goodridge were asleep when he awoke. In the interview, Thomas Goodridge stated he had been hearing voices and he has been experiencing this fear of being attacked for months.”

Thomas Goodridge allegedly said he did not want his wife to suffer any pain.

“Thomas Goodridge stated, ‘I thought I would take her out of her misery, so that’s what I did,'” Rodriguez wrote.

He allegedly told the detectives he stopped hitting her with the rock when he thought she was head.

“Thomas Goodridge stated before he called the police he placed the rock back at the same location where he grabbed it,” Rodriguez wrote. “Thomas Goodridge stated while he waited for the Deputies to arrive on scene, he brushed his teeth and combed his hair.”

He said they had been married for 43 years and described his wife as “the best.” Although he is bi-polar, he allegedly told Rodriguez he had been taking his medication and when he went to bed, he felt normal.

“Thomas Goodridge stated the voices that he had been hearing told him, ‘That we both were going to be harmed, and if I did not want her to be harmed I would have to take her life,'” Rodriguez wrote. “Thomas Goodridge stated he has continued to hear these voices even though he is on medication and seeing a psychiatrist.”

He was charged on an open count of murder.

Although he claimed to be taking his medication, when deputies served a search warrant on his house, they found a “significant amount” of medication that was prescribed to Thomas Goodridge, but that it appeared he had not been taking, prosecutor Mathew Wadsworth wrote in a motion to have Thomas Goodridge held in jail until trial.

Below is the statement of probable cause Rodriguez wrote for Thomas Goodridge’s arrest.

 

Statement of Probable Cause for arrest of Thomas Goodridge

 

Plea and sentence

Portrait of District Judge Louis McDonald
Judge Louis McDonald

On July 30, 2019, District Court Judge Louis McDonald sentenced Thomas Goodridge, 74, to eight years in prison for killing his wife with a rock on April 22, 2017, according to court documents.

McDonald previously, on May 2, accepted a no contest plea from Goodridge that capped his maximum sentence at eight years and set a minimum of four years. That plea mandated that the rest of his sentence be suspended, in this case seven years, and he be placed on supervised probation for five years after he is released from prison. The judgement and sentence also states that he will be placed on parole for two years.

Second-degree murder carries a maximum sentence of 15 years and it is a serious violent offense which means he must serve 85 percent of his sentence before he can be released, compared to the 50 percent required for crimes that are not considered to be serious violent offenses.

According to the judgement, Goodridge received credit of 828 days for time served while he was in jail awaiting trial, just over two years.

 

See the case documents on Google Drive.

Luke Griffin: Corrina Vaden — 2-24-2017

  • Suspect: Luke Griffin
  • Victim: Corrina Vaden
  • Non-fatal victim: Kimberley Butcher
  • Non-fatal victim: Elizabeth Rotter
  • Charges: DWI vehicular homicide, two counts of DWI great bodily harm, aggravated DWI, possession of an alcoholic beverage by a minor and open container of alcohol in a vehicle
  • Status: Guilty plea to DWI vehicular homicide, two counts of DWI great bodily harm
  • Sentence: 9 years followed by 5 years supervised probation
  • Date of incident: Feb. 24, 2017
  • Agency: State Police
  • Location: Sandoval County
  • Magistrate case number: M-45-FR-2017-00147
  • District case number: D-1329-CR-2017-00105

 

Summary

While driving in excess of 100 mph on Feb. 24, 2017, Luke Griffin slammed into the back of another car, killing Corrina Vaden and injuring Kimberley Butcher and Elizabeth Rotter. A blood-alcohol test showed a level of 0.22, over twice the legal limit of 0.08.

On March 16, 2017, a grand jury indicted Griffin on charges of DWI vehicular homicide, two counts of DWI great bodily harm, aggravated DWI, possession of an alcoholic beverage by a minor and possession of an open container of alcohol in a vehicle.

On Dec. 11, 2017, Griffin pleaded guilty to DWI vehicular homicide and two counts of DWI great bodily harm and, per the plea agreement accepted by District Court Judge Luis P. McDonald, he was to receive a sentence of 9 years and 122 days and be given credit for 122 days time served. None of the crimes were to be considered serious violent offenses, decreasing the amount of time required to serve before being released on probation or parole from 85 percent to 50 percent.

According to the plea, he is also to be on supervised probation for 5 years after his release. He was officially sentenced on Dec. 15, 2017 by McDonald, who, based on the plea, gave him a total sentence of 21 years, but suspended 11 years, for the 9 year sentence.

The incident

Around 11 p.m., Feb. 24, 2017, State Police Officer Larry Reuter was dispatched to Interstate 25 at mile post 252 to investigate a multiple-vehicle crash. Medics were already on the scene, trying to extract two passengers and one of the drivers involved, Reuter wrote in a statement of probable cause for Griffin’s arrest.

Luke Griffin

At 11:21 p.m., Reuter arrived and saw two cars on the shoulder.

He would later learn that Corrina Vaden died and two others, Kimberley Butcher and Elizabeth Rotter, had life-threatening injuries and were taken to the University of New Mexico Hospital in Albuquerque.

The two cars involved were a silver 2004 Audi and a 2014 Nissan, with its roof caved in and parts of the door missing. Griffin was allegedly the driver of the Audi and officers were later find him to be allegedly intoxicated.

“Emergency medical personnel were rendering aid to the driver and passenger of Nissan (Vehicle 2),” Reuter wrote. “The driver of Vehicle 2 was motionless and slumped over in the driver seat.”

One man was walking around, stating he was a witness and that Audi had been driven erratically before the crash.

Another witness, unnamed, said the Audi had been going over 100 mph to pass vehicles on the right shoulder.

“A different witness provided a verbal statement they observed Luke Griffin exit the audi after the crash and throw what appeared to be a liquor bottle over a fence,” Reuter wrote.

After Griffin was cleared by medics, Reuter found him to be stumbling, have bloodshot eyes and he allegedly smelled of alcohol. He also allegedly slurred his speech.

“I asked Luke how many alcoholic beverages he consumed and he stated he drank three beers at approximately 6 00 pm this date,” Reuter wrote.

Reuter then had Griffin do a series of field sobriety tests, which he allegedly did poorly on.

“Based on Luke’s state of intoxication and his safety the SFST’s were terminated,” Reuter wrote, referring to the field sobriety tests.

Reuter took Griffin to the State Police office for a blood-alcohol level test and found the tests were allegedly 0.22, above 0.16, twice the legal-per-se limit. He did not write what the exact measurements were. He then had a blood draw done at the State Police office.

 

The indictment and plea deal

On March 16, 2017, a grand jury indicted Griffin on charges:

  • DWI vehicular homicide
  • aggravated DWI
  • possession of an alcoholic beverage by a minor
  • possession of an open container of alcohol in a vehicle
  • two counts of DWI great bodily harm
Portrait of District Judge Louis McDonald
Judge Louis McDonald

On Dec. 11, 2017, Griffin pleaded guilty to DWI vehicular homicide and two counts of DWI great bodily harm and, per the plea agreement accepted by District Court Judge Luis McDonald, he was to receive a sentence of 9 years and 122 days and be given credit for 122 days time served. None of the crimes were to be considered serious violent offenses, decreasing the amount of time required to serve before being released on probation or parole from 85 percent to 50 percent.

According to the plea, he is also to be on supervised probation for 5 years after his release. McDonald officially sentenced him on Dec. 15, 2017. McDonald, based on the plea, gave him a total sentence of 21 years, but suspended 11 years, for the 9 year sentence.

View the court documents on Google Drive