Man shot and killed by a Valencia County sheriff’s deputy

A man was shot and killed by a Valencia County sheriff’s deputy Sunday evening after two prior visits by law enforcement in response to calls of his neighbor firing a rifle into the air and then trying to run him over.

Shortly after 3 p.m., Sunday, Sept. 29, Valencia County Sheriff’s Office deputies responded to reports of gunshots in the 100 block of La Ladera, which is to the south of the town of Peralta. The home is less than a quarter mile south of Valencia Road.

When deputies arrived, neighbors said they saw Thomas Rodriguez, 46, outside his home, firing a rifle into the air. When deputies tried to talk to Rodriguez, he ignored commands and went inside his home with the rifle. They formed a perimeter and began calling for Rodriguez to come out.

VCSO Lt. Joseph Rowland, the public information officer for the department, said Rodriguez lives in a camper trailer on the property and his mother lives in a single-wide mobile home on the same piece of property. Deputies made contact with his mother and helped her file an Extreme Risk Firearms Protection Order — also known as New Mexico’s Red Flag law — for removal of firearms from the property.

The act, which became law in New Mexico in May 2020, creates a court process to temporarily prevent a person in crisis from accessing firearms and harming themselves or others. Only a law enforcement officer or an attorney with the district attorney’s office are allowed to file a petition with a district court to request such an order be issued. An affidavit from someone who has personal knowledge or facts about why someone should not have access to firearms must be included when the petition is filed.

According to a press release by VCSO on Monday, deputies left the scene to file the petition request with the court. Deputies returned to the home again at 7:42 p.m. on Sunday and found Rodriguez’s neighbor, Michael Gabaldon, 51, outside his own home, “armed with a handgun and agitated,” according to the press released. He told deputies Rodriguez had tried to run him over, so he had armed himself.

Deputies made several attempts to contact Rodriguez about the incident but he refused to exit his home.

Rowland said deputies told Gabaldon to go inside and he did.

“Everybody was separated and the deputies moved forward with charges (against Rodriguez) and his mother had signed the petition, which needed to be filed with the court,” the lieutenant said.

After leaving the home a second time, deputies were immediately called back in response to an alleged exchange of gunfire between Gabaldon and Rodriguez.

According to a press release issued by New Mexico State Police on Monday evening, after they returned to the home, “deputies observed one person firing a weapon in the direction of another residence. At least one deputy discharged their firearm at (Gabaldon), who was struck and later succumbed to his injuries.”

Rowland said NMSP is investigating the shooting and could not comment on the matter. He did confirm the deputy has been placed on paid administrative leave, as per VCSO policy.

After the alleged exchange of gunfire between Rodriguez and Gabaldon, deputies saw Rodriguez run into the camper trailer, the VCSO press release said, and a perimeter was established and call outs made in an attempt to get Rodriguez to exit the dwelling.

Local SWAT teams arrived and surrounded the home. Rodriguez finally surrendered to authorities at 11 a.m., Monday, Sept. 30.

He was transported to the Valencia County Detention Center, where he was booked on charges of aggravated assault with a deadly weapon, a fourth-degree felony’ and a petty misdemeanor charge of negligent use of a deadly weapon.

In an updated press release, Rowland said VCSO is cooperating with state police in its investigation, and cannot release details of the shooting pending the formal interview by NMSP of the deputies involved.

“We are currently preparing for a release of information and body worn camera footage upon NMSP completing those interviews,” Rowland wrote in an updated press release Tuesday afternoon. “We ask for the public’s patience as we allow NMSP agents to complete their work. We expect to have a significant release of information late next week.”

Valencia County Sheriff Denise Vigil said the department is fully cooperating with NMSP agents to ensure a proper and thorough investigation is conducted.

“I do not want to impede their ability to find the facts and answers of what happened ... I am also committed to transparency with the public,” Vigil said.

“Once NMSP agents have completed their interviews with our personnel, the sheriff’s office can provide reports and body camera footage to the public,” Vigil wrote in a statement. “Any loss of life in our community is a tragedy. Our hearts and prayers go out to the family and friends of the deceased.”