According to police reports, Pino ran down homeless man Daniel Arballo, whom Pino saw with a pair of speakers. He also ran down Arballo’s friend, Billy Harper.
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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
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.
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.
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.
Allegedly tired of having his property stolen, Christopher Pino, 52, allegedly ran down homeless man Daniel Arballo and tried to run down his friend, Billy Harper, after he saw the pair with a set of speakers.
He was initially arrested on charged of aggravated battery with a deadly weapon and aggravated assault with a deadly weapon.
On May 1, 2017, Arballo was pronounced dead and on May 4, an autopsy was conducted. After the autopsy, officers decided to charge Pino with murder.
In June 2018, Pino pleaded no contest to voluntary manslaughter with a sentence capped at six years. In August 2018, District Court Judge Cristina Jaramillo sentenced him to 3 1/2 years. He received credit for 197 days served.
The incident
Christopher Pino
On April 30, 2017, officers responded to an alley at Central Avenue and Solano Drive. Daniel Arballo was immediately transported to the University of New Mexico Hospital for extensive injuries, Officer P. Moya wrote in an affidavit for an arrest warrant.
When Officers Israel Martinez and Lea Lopez first arrived, they thought it was a simple crash. While talking to the driver of a red hummer involved, Christopher Pino, Martinez was told that Pino was a suspect and he immediately read him his Miranda rights.
“Pino stated he was contacted by an unknown person who lives in the area,” Moya wrote. “The person stated there were two males taking stuff from his property, which is located at 3715 Silver SE. The building is an old church formally known as The Trinity Methodist Church. Pino decided to go to his property in hopes to stop the inviduals from taking his belongings.”
When he arrived, he saw two men in the alleyway carrying his radio.
“Pino then intentionally struck one of the males at approximately 20 miles per hour and was trying to hit the other male so they could be contacted by police when they arrived,” Moya wrote. “As he was attempting
to confront the other male, a crowd started to gather in the street. It was at this time Pino decided to leave the area.”
Homeless man Billy Harper’s view
Moya interviewed the other man, Billy Harper, who told him he was in the area when he saw his friend, Arballo, cleaning up weeds and branches from the church property.
“Scooby told Billy, ‘this was his people’s church,'” Moya wrote. “It was unclear when Billy decided to help him out but they
started to throw some trash and some branches inside the dumpster. They then obtained some speakers and while
in the process of walking those to the dumpster a red Hummer turned down the alley and accelerated.”
Harper estimated the Hummer to be going at least 40 mph.
“The driver then directed his attention towards Billy and told him, ‘you stealing from my church, you stealing from my church?'” Moya wrote. “He did this while shaking a shovel at him. The male was shaking the shovel at him while threatening to harm him. Billy stated he was only a short distance away, he estimated 15 feet.”
Shortly afterward, Harper alleged Pino left, then came back and threatened him again.
Seven Clover security guard Gregory Kreitman told Moya that he was outside smoking a cigarette when he saw two homeless men in the alley, shaking off jeans and throwing away trash.
Albuquerque, N.M., at Central and Morningside. Photo by Pom’/Flickr. CC BY-SA
“He then saw a red Hummer ‘fly’ down Solano and enter the alley and wreck his vehicle directly into the two males,” Moya wrote. “One was able to jump out of the way but the other was struck with the vehicle and went ‘flying.’ After the collision, the vehicle reversed and went after the other male.”
After the initial crash, Kreitman alleged, Pino started threatening to hit Harper with the car.
“Gregory then stood in front of the male to avoid him from being harmed,” Moya wrote. “The vehicle eventually drove off and turned east on Central and came back around on Silver to Solano. He continued yelling at the male, ‘You’re going to be killed, I’m going to kill you, you stole from me.'”
Pino allegedly stayed a few minutes before he heard sirens, then took off and he said he never saw Pino get out of the vehicle, contrary to Harper’s statement.
“Gregory added the driver kept telling the other male to come out into the road so he can hit him with his car,” Moya wrote.
Seven Clover employee Jamilex Delgado’s statement
Jamilex Delgado, an employee at Seven Clover Dispensary, told Moya she Kreitman dealing with a commotion outside. When he left the building, she saw a man in a hat, later identified as Harper, “freaking out” because it appeared the red Hummer was going to crash into him.
“Delgado recalled seeing the red Hummer enter alley way and possibly hit something,” Moya wrote. “This occurred prior to her any having knowledge of any situation that was transpiring.”
Pino allegedly threatened Harper with what appeared to be a shovel in his back seat, but she was not sure if it was a shovel, a bat or something else.
“Delgado stated the male was ‘raging,'” Moya wrote.
The perimeter
While at the scene, Moya saw a set of speakers in the alley and one was missing a cover. The cover was inside the gated church property.
“Officer Lucero and myself walked the perimeter of the church and could not locate any forced entry or any other type of entry,” Moya wrote. “I did locate some branches inside the dumpster. There was also a green couch cushion as well.”
A “responsible party,” Jacob Welch, allowed them in to make sure there were no signs of forced entry.
“Everything appeared secure and could only locate a window that was not locked,” he wrote. “The window was closed and could not determine whether that could’ve been used as any point of entry.”
Pino’s interview
At the scene, Moya talked to Pino and told him he would interview him at the police station.
“Pino uttered he was contacted by someone who lives in a triplex close by,” Moya wrote. “The person informed him that there were two individuals taking items from the church. I told Pino I will continue to speak with him at the substation so I could advise him of His Constitutional Rights per Miranda.”
At 5:18 p.m., at the Phil Chacon police substation, Moya read Pino his Miranda rights.
“Pino was asking me what he should do. I advised him I could not provide legal advice and that he would have to make the decision or he could contact an attorney,” Moya wrote. “During this time, Pino stated he only wanted to detain them until the police got there. He was tired of dealing with continuous burglaries and other property crimes that have been occurring on the property.”
Moya told Pino that he could not ask him any questions or engage in conversation, and Pino allegedly continued to say that he meant to knock the men down so they would not leave and after knokcing the first one done, he tried to knock down the second.
“He has been dealing with fires being lit inside the property and other nuisances,” Moya wrote. “He just wanted them to get arrested to send a message to others to leave the property alone. Pino stated he had a shovel in the car and wanted to knock the other guy out until the cops got there. It should be noted I did not ask any questions or partake in the conversation. When I engaged in conversation it was merely to provide understanding of his Constitutional Rights.”
Pino allegedly said he did not know what else to do about his property and said he was outside of his vehicle, threatening Harper.
“Pino reiterated he wanted to detain them when he saw them carrying his stereo,” Moya wrote. “Pino stated he didn’t have any intentions of killing or hurting anybody he just wanted them to stop. I eventually terminated the interview due to his indecision to waive his Constitutional Rights. I instructed him to contact an attorney and contact me for an interview if he wanted to.”
He was initially arrested on charges of aggravated battery with a deadly weapon and aggravated assault with a deadly weapon.
Arballo died at 5 p.m., May 1, 2017. On May 4, a pathologist conducted an autopsy and thereafter, officers made the decision to charge Pino with murder.
Knowingly leaving the scene of an accident causing great bodily harm or death
Two counts of aggravated assault with a deadly weapon
On June 5, 2018, Pino pleaded no contest to voluntary manslaughter, which has a maximum sentence of six years, signed by prosecutor David Waymire and accepted by Jaramillo. Waymire dismissed the other charges against Pino.
Charges: Second-degree murder and two counts of aggravated battery with a deadly weapon pleaded down to voluntary manslaughter and one count of aggravated battery
Status: Sentenced; guilty plea to charges of voluntary manslaughter and aggravated battery
Seemingly in a fit of rage over not being allowed to open a package left by the mailman but intended for the neighbors on Feb. 16, 2010, in Las Vegas, N.M., Ryan Garcia beat his grandmother, uncle and father with a metal pipe and threw his grandmother out of the house, onto concrete.
While she was on the ground, he punched and kicked her and then attacked his father with a glass bowl followed by a metal pipe.
His grandmother died shortly after being transported to the hospital.
On March 20, 2012, he pleaded guilty to voluntary manslaughter and aggravated battery of a household member, with a minimum proscribed sentence of six years and a maximum of nine.
On July 9, 2012, he was sentenced to seven years in prison.
In 2017, a prosecutor moved to have Garcia’s probation revoked and then withdrew it after his parole was revoked.
The incident
On Feb. 16, 2010, officers responded to a domestic disturbance in the 1100 block of Columbia Street in Las Vegas, New Mexico. When they arrived, they found two people on the ground in front of the house. One, grandmother Margaret Garcia, was lying in the yard while the other, uncle Robert Garcia, was lying on the porch. Both appeared to be bloodied, bruised and swollen, Las Vegas Police Department Detective Kenneth Jenkins wrote in a statement of probable cause for Ryan Garcia’s arrest.
Las Vegas, NM. Photo by Greg Gjerdingen/Flickr
Father Ralph Garcia was outside in the yard, holding a large pipe and handcuffed. Shortly thereafter, Ryan Garcia walked out of the house and he, too, was handcuffed.
“While at the scene, through brief interviews of victims and witnesses, it was discovered that Ryan was the aggressor in the disturbance,” Jenkins wrote. “It was found that Ryan was the person to inflict injury to Mr. Robert Garcia, Margaret Garcia and Ralph Garcia. Through these interviews it was discovered that Ryan was upset because he was not allowed to open a package left at the home by the mailman for the neighbors.”
Ryan Garcia filled with rage and started to punch his uncle, Robert Garcia, in the face.
“Ryan then turned to his grandmother Margaret and began punching her in the face,” Jenkins wrote. “Ryan then grabs his grandmother and throws her out the front doors. Ms. Margaret Garcia is said to fallen off of the porch head first, onto the cement.”
Ryan Garcia then grabbed his uncle and dragged him outside to the porch and started kicking and punching him.
“Ryan then turned to his grandmother Margaret and began punching and kicking her as she law on the ground,” Jenkins wrote. “At this time, Ryan’s father a Mr. Ralph Garcia arrives at the home from going to the store. It is said Ryan throws a glass bowl at him striking him in the face.”
Ryan Garcia then grabbed the metal pipe and started hitting his father with it, but his father fought back and the pair began to struggle for the makeshift weapon.
“During a struggle, Mr. Ralph Garcia is able to take the pipe away from Ryan,” Jenkins wrote. “As Officers arrived, subjects were detained and victims treated.”
Robert and Margaret Garcia were transported to the Alta Vista Regional Hospital, but Margaret Garcia died three days later at 7:53 a.m., Feb. 19.
He was initially charged with second-degree murder and two counts of aggravated battery on a household member with a deadly weapon causing great bodily harm.
In December 2010, San Miguel District Attorney Richard Flores told the Las Vegas Optic that Garcia was not competent to stand trial and was being housed in a state hospital.
In a seemingly randomly redacted autopsy report produced by the Office of the Medical Investigator, Margaret Garcia had heart disease and lung disease that “left her with little psysiologic reserve which which to survive her injuries,” Pathologist Michelle Barry and Fellow in Forensic Pathology Christopher Lochmuller wrote.
“The range of the sentence shall be a minimum of six (6) years and a maximum of nine (9) years in the court’s discretion, including whether the sentences shall run concurrent or consecutive to each other,” the plea agreement states.
Aragon, who presided over the case in District Court, signed off on the deal. The prosecutor’s signature is illegible.
The sentence
District Judge Abigail Aragon
On July 9, 2012, Aragon sentenced Ryan Garcia to seven years in prison, two years less than the maximum nine years she could have given him under the plea agreement.
She also found both of his crimes were serious violent offenses, meaning he has to serve 85 percent of his seven year sentence, just under six years.
Ryan Garcia received credit for time he had already served in jail, 848 days (2.32 years).
A woman only identified in the notes as “Ms. Garcia” told the judge that Ryan Garcia was her nephew and that he was a “very troubled young man” and that his life had not been easy.
“He needs help,” she said, according to the notes.
The judge described his pre-sentence evaluation as “very interesting.”
Parole revoked after release
According to notice of a probation violation, Ryan Garcia was paroled on May 18, 2017 and released from prison after serving his seven-year sentence. After a month at a facility called Hoffman Hall, he moved in with his mother, after being “discharged” from the program, because he could not afford the rent.
On July 7, 2017, a Bernalillo County Sheriff’s deputy arrested Garcia after a woman reported him behind her house and allegedly threatening the woman. He was arrested for concealing his identity and assault. The deputies used one of his tattoos and his ankle monitor to identify him.
Garcia also allegedly failed to contact the drug test line every weekday after his arrest. However, between his release and arrest, he only called the line three times.
