© Fight For Our Lives/Social Media via REUTERSAttendees help a man who was shot and wounded during clashes between protesters trying to pull down a statue of Juan de Onate and armed members of civilian militia group New Mexico Civil Guard in downtown Albuquerque, New Mexico, U.S. June 15, 2020, in this still image obtained from a social media video.
Torrez dropped an initial aggravated battery with a deadly weapon charge against Steven Baca, 31, after images emerged online showing protester Scott Williams, 39, holding what was rumored to be a knife before he was allegedly shot by Baca. Torrez said he expected Baca to claim self defense in the case.
"There have been rumors on social media about what transpired in the final seconds before this and we are actively looking into those and whether or not this was justified," Torrez told an online press briefing. "The reason he is not facing that charge right now is because this investigation is not complete."
Videos show Baca, a counterprotester at a demonstration to remove a conquistador statue, tussling with demonstrators before pulling out a handgun and shooting several times.
Torrez said that under New Mexico law, a person cannot claim self defense if they are the first aggressor.
Torrez said his office had put out a call for information on allegations Williams was armed.
"Right now I have no evidence to suggest that he was in any way armed," Torrez said. "The fact that we haven't charged it (shooting charge) today doesn't mean it will not be charged."
Torrez filed four new charges against Baca for unlawful carrying of a firearm and battery for allegedly assaulting three women before the shooting.
Baca's lawyer Jason Bowles said he would plead not guilty to all charges, the Albuquerque Journal reported. Bowles did not immediately respond to a request for further comment.
Comment: Judging from the video circulating online (now difficult to find), Baca was pretty clearly trying to flee the scene and was being ganged up on when he fired the shots. And at one point, he was pretty clearly hit with a skateboard. It would be difficult to argue he was the attacker at that point, regardless of what he did beforehand.