Family files lawsuit against county for wrongful death

Valencia County family has filed a wrongful death suit against the county after a sheriff’s deputy shot and killed husband and father Michael Gabaldon last fall.

Gabaldon, 51, was shot and killed on Sept. 29, 2024, by a Valencia County Sheriff’s Office deputy at his home on La Ladera Road after repeated 911 calls in regards to a neighbor, Thomas Rodriguez, who was reported to be shooting at houses and driving recklessly on the dirt road outside the homes in the area.

The suit alleges Rodriguez, 46, was a long-standing problem in the neighborhood, after moving in with his mother in 2022, who lived next to the Gabaldon family — Michael, his wife, Patricia Gabaldon, and their 16-year-old son.

When asked for comment on the wrongful death suit, Valencia County Sheriff Denise Vigil said as per county policy, she could not comment on pending litigation.

A copy of the lawsuit was received by the Valencia County manager’s office on May 27, and the county has 30 days from then to file a response with the courts.

The suit, filed with the 13th Judicial District Court on May 12, alleges Rodriguez is a felon, schizophrenic and suffered from a serious substance abuse disorder.

Online court records show convictions for Rodriguez going back to 2001 for charges such as aggravated assault with a deadly weapon, aggravated DWI, negligent use of a deadly weapon, criminal trespass and criminal damage to property.

Rodriguez is still facing charges of aggravated assault with a deadly weapon and negligent use of a deadly weapon, incurred on the day Gabaldon was killed, and a battery charge from Jan. 16. Bench warrants for failure to appear in both of those cases have been issued for Rodriguez.

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“For three years, Rodriguez terrorized the neighborhood,” the lawsuit alleges, claiming he intermittently shot at homes, shattered peoples windows, “popped off rounds” through their walls, screamed at neighbors, broke into their homes and repeatedly told his mother he was going to shoot people he couldn’t see.

VCSO was “keenly aware that Rodriguez was a dangerous individual” the lawsuit reads, saying the neighbors had repeatedly called the sheriff’s office for help and protection from the danger he posed.

“Because of VCSO’s apathy and inaction, Rodriguez was emboldened to terrorize his neighbors, and he did so without being subject to criminal charges, mental health assessment or treatment,” the lawsuit reads.

Two days before Gabaldon was shot and killed, on Friday, Sept. 27, 2024, Patricia Gabaldon called 911, reporting she was seeing “the telltale signs Rodriguez was using drugs and experiencing active psychosis ...” She told dispatchers he was driving dangerously back and forth on the dirt road near her house.

A sheriff’s deputy called Patricia back, telling her the sheriff’s office knew Rodriguez had access “to an arsenal” and the department was going to take action to take his weapons.

“The sheriff’s deputy also told Patricia that she and Michael had every right to do what they needed to do to protect their family,” the lawsuit states.

On the day Gabaldon died, Sept. 29, Patricia called the Valencia Regional Emergency Communications Center 11 times, starting shortly after 3 p.m., which led to VCSO deputies responding to the home on three separate occasions, the last of which was when Michael was shot.

While on scene, deputies spoke with Rodriguez’s mother, who told them her son’s guns had previously been “taken away,” but officers gave the guns to Rodriguez’s wife, who then gave them back to him.

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Later that day, his mother agreed to file for an extreme risk firearms protection order — also known as New Mexico’s Red Flag law — for removal of firearms from the property.

Thirteenth Judicial District Court Judge James Lawrence Sanchez granted a one-year protection order on Oct. 9, 2024, which prohibits Rodriguez from having possession of any firearms until Oct. 9, 2025.

The situation escalated throughout the day last fall, ending with Gabaldon armed and outside his home, exchanging gunfire with Rodriguez.

When deputies arrived for the third time at nearly 10:30 p.m., Gabaldon was ordered to drop his weapon, “but Michael was standing on his own property near the fence line, actively defending himself from Rodriguez at the time. At no point did Michael present a threat to sheriff’s deputies,” the lawsuit states.

“Michael’s actions were reasonable and consistent with self-defense during an exchange of gunfire with the volatile Rodriguez.”

Gabaldon was shot once by a VCSO deputy and died after being transported to the Albertson’s on N.M. 6 to meet the Lifeguard helicopter.

The lawsuit argues VCSO created the situation that preceded the use of force against Michael Gabaldon and created a dangerous situation because they repeatedly refused to take action against Rodriguez, took no action to confiscate his guns under the state’s Red Flag law, repeatedly abandoned the dangerous scene created by Rodriguez on Sept. 29, 2024, and told Patricia and Michael Gabaldon they could do anything they needed to protect their home and their family.

“As a result of these actions, Michael was left without choice but to arm himself against Rodriguez, who was actively shooting at him, to protect himself, his family and his home,” the suit reads.