A settlement has been reached in a civil lawsuit seeking damages from three relatives in the shooting of a Native American activist in northern New Mexico amid confrontations about a statue of a Spanish conquistador and aborted plans to reinstall it in public. Jacob Johns, an activist for environmental causes and advocate for Native American rights, was severely wounded in the shooting that took place in September 2023. The terms of the settlement are confidential, according to his attorney John Day. The incident occurred at an outdoor gathering in Española over canceled plans to install a bronze likeness of conquistador Juan de Oñate, who has a controversial legacy for his role in establishing early settlements along the Upper Rio Grande.
The lawsuit filed by Johns in January sought damages from 23-year-old Ryan Martinez, who is being held without bail on charges of attempted murder and assault with a deadly weapon for his involvement in the shooting. The lawsuit also accused Martinez’s parents of negligence for ignoring their son’s dangerous behavior with guns. The family has denied any fault or liability, while Martinez has pleaded not guilty to the criminal charges. Prosecutors are seeking sentence enhancements by arguing that the shooting was motivated by bias against a particular social group. Native American leaders in New Mexico and beyond have condemned the shooting, which occurred at a gathering of advocates for Native American rights celebrating the decision not to install the statue of Oñate that day.
A defense attorney for Martinez claimed that he feared for his life after being shoved to the ground and pulled out a permitted concealed handgun in self-defense. However, a judge found sufficient cause for trial after reviewing surveillance and cellphone videos of the confrontation, noting that Martinez arrived with loaded guns and provoked a crowd with contrary views. Martinez is scheduled for trial in July, with Johns listed as a potential witness. District Attorney Mary Carmack-Altwies is directly prosecuting the case as she competes against Democratic challenger Marco Serna in a primary election, with no general election challengers. Oñate, celebrated as a cultural father figure in communities along the Upper Rio Grande, is also reviled for his brutality, including ordering the cutting off of the right foot of captive tribal warriors.
The historical legacy of Oñate is complex, as he is both revered and reviled in New Mexico for his role in establishing early settlements along the Upper Rio Grande. Celebrated as a cultural father figure in communities with Spanish settler ancestry, Oñate is also known for brutal acts, such as ordering the mutilation of captive tribal warriors. The shooting incident involving the activist Jacob Johns during a protest over a statue of Oñate has sparked controversy and legal action. The civil lawsuit seeking damages from the relatives of the accused shooter has reached a settlement, while criminal proceedings against Ryan Martinez are ongoing. The incident has led to condemnation from Native American leaders and raised questions about the portrayal of controversial historical figures in public spaces.
The trial for Martinez is scheduled for July, with prosecutors seeking sentence enhancements based on bias against a particular social group. The case has also become a focal point in the political campaign of District Attorney Mary Carmack-Altwies, who is facing a primary challenge. The shooting incident has underscored the tensions surrounding issues of historical legacy, cultural representation, and public discourse in New Mexico. As the legal proceedings continue, the community remains divided over how to address the complex legacy of figures like Juan de Oñate and the impact of their actions on various communities in the region.
