A man from New Mexico pleaded no contest to reduced charges of aggravated battery and aggravated assault with a deadly weapon in the shooting of a Native American activist during demonstrations over plans to reinstall a statue of a Spanish conquistador. Ryan David Martinez accepted a 9 1/2-year sentence but will serve four years in prison with two years’ parole if he complies with terms including restitution. The plea arrangement led to the dismissal of a possible hate-crime sentence enhancement. Martinez was arrested in September 2023 after chaos erupted at an outdoor gathering in Española over plans to install a bronze likeness of conquistador Juan de Oñate.
Martinez was seen in multiple videos attempting to rush toward a makeshift shrine in opposition to the statue installation, but was physically blocked by a group of men. He then pulled out a handgun and fired a shot, severely wounding Jacob Johns, an artist and activist for Native American rights. The assault charge also stemmed from Martinez pointing the gun at a female activist before fleeing. Johns, who is of Hopi and Akimel O’odham tribal ancestry, expressed disappointment with the plea agreement, describing the shooting as a crime motivated by racial hatred and a continuation of colonial violence.
The shooting took place the day after plans to install the statue in a county government complex were canceled in Rio Arriba County. Oñate, the conquistador depicted in the statue, is celebrated as a cultural figure in communities along the Upper Rio Grande that have Spanish settler ancestry, but is also reviled for his brutality. He is known for ordering the right foot of 24 captive tribal warriors cut off after a violent attack on the Acoma Pueblo. The bronze statue was taken off display in June 2020 amid tensions over monuments to colonial history, with some seeing Oñate as a symbol of oppression.
District Attorney Mary Carmack-Altwies led the prosecution of Martinez and commended Johns and other witnesses for their bravery in coming forward. Johns, in a statement, expressed the lasting impact of his injuries and trauma from the shooting, stating that Martinez will eventually live free while he continues to suffer. Martinez’s attorneys have argued that he acted in self-defense, but Johns and others maintain that the shooting was motivated by racial hatred. The plea agreement includes a requirement for Martinez to comply with terms including restitution. Restitution will be determined later by state probation and parole authorities.
