Dad, son charged in shooting over loud music

ALBUQUERQUE (KRQE) - The victim of what was reported as a drive-by shooting actually was shot by the son of a man the victim was fighting, according to Albuquerque police.

David Martinez Sr., 47, and David Martinez Jr., 17, both were arrested Friday afternoon by officers who had staked out their apartment in the 300 block of Vermont Avenue NE.

According to the initial report, the shooting happened early Wednesday morning when Reynaldo Vallejos was taking out the trash and was shot by someone in a car.  He appeared at a hospital with a gunshot wound to his lower abdomen and later underwent surgery.

Martinez Sr. refused to talk with officers at the time, but Martinez Jr. said he heard a gunshot and went outside to find Vallejos on the ground screaming in pain as a black Lexus left the scene.

Sometime later a relative told police the shooting happened during an altercation between Vallejos and the Martinezes.  Police returned to the hospital and confirmed the story.

A criminal complaint alleges Vallejos had gone next door to complain about loud music and ended up in a fight with the elder Martinez when the music was turned up.  The younger Martinez then shot him and drove Vallejos and his wife to the hospital when her car wouldn't start.

During his earlier interview with police, the younger Martinez described Vallejos complaining about the music but said he left after they turned down the volume.

Vallejos told officers he made up the drive-by story because he feared retaliation against his family while he was in the hospital.  He planned to tell the truth once he was home and could protect his family, according to the complaint.

The document also quotes Vallejos' wife as saying the Martinezes both apologized for the shooting.

David Martinez Sr. was booked into the Metropolitan Detention Center on multiple charges including aggravated battery with great bodily injury and felon in possession of a firearm. His bond is set at $75,000.

David Martinez Jr. is in the Juvenile Detention Center also charged with aggravated battery and other alleged crimes.