Civil suit settled in shooting of Native American activist at protest of Spanish conquistador statue
SANTA FE, N.M. — A settlement has been reached in a civil lawsuit seeking damages from three family members in the shooting of a Native American activist in northern New Mexico, amid clashes over a statue of a Spanish conquistador and aborted plans to publicly recreate it to install, according to court documents released Tuesday. .
The September 2023 shooting seriously injured Jacob Johns of Spokane, Washington, a well-traveled environmental activist and Native American rights advocate of Hopi and Akimel O’odham tribes. His attorney, John Day, confirmed the settlement and said the terms were confidential.
A single shot caused chaos at an open-air meeting in Española over canceled plans to install a bronze effigy of conquistador Juan de Oñate, who is both revered and reviled for his role in establishing early settlements along the Upper Rio Grande beginning in 1598 .
In January, Johns filed a lawsuit seeking damages against 23-year-old Ryan Martinez of Sandia Park, who is being held without bail on charges of attempted murder and assault with a deadly weapon for allegedly pointing a gun at a woman had aimed. protest. The civil suit also accused Martinez’s parents of negligence and callous indifference for ignoring their resident son’s “dangerous and exceptionally disturbing behavior” with guns.
An attorney for the Martinez family did not immediately respond to messages.
The family has denied wrongdoing or liability, while Martinez has pleaded not guilty in state court to criminal charges as prosecutors seek sentence enhancements by trying to prove the shooting was motivated by prejudice against a particular social group.
A slew of Native American leaders in New Mexico and beyond condemned the shooting on public lands, where Native American rights advocates had gathered to celebrate with song, prayer and speeches the county’s decision not to remove the statue that day to place.
An attorney has said Martinez feared for his life after he was pushed to the ground when he pulled out a permitted concealed handgun. But a judge found sufficient grounds for a trial after reviewing surveillance and cellphone video of the confrontation and noting that Martinez arrived with loaded weapons and should have known he was provoking a crowd with opposing views.
Martinez is scheduled to stand trial in July, with Johns listed by prosecutors as one of dozens of potential witnesses. District Attorney Mary Carmack-Altwies is prosecuting the case head-to-head as she faces Democratic challenger Marco Serna in the June 4 primary, with no challengers in the general election.
Oñate, who arrived in what is now New Mexico in 1598, is celebrated as a cultural father figure in communities along the Upper Rio Grande that trace their ancestry to Spanish settlers. But he is also reviled for his brutality.
Among Native Americans, Oñate is known for ordering the right feet of 24 captured tribal warriors to be cut off after his soldiers stormed the “heavenly city” of the Acoma Pueblo. That attack was caused by the murder of Oñate’s cousin.