Police gave caller option to shoot

CHAMITA, NM (KRQE) - Martin Martinez just needed some advice.

On April 20, Martinez told 911 dispatchers his daughter's boyfriend, Marcos Atencio, 33, had been repeatedly coming to his home, harassing him and refusing to leave. Atencio had a lengthy rap sheet with police.

At around 4 p.m. the dispatcher put Martinez in touch with New Mexico State Police Officer Marco Oviedo, a 6-year veteran.

Oviedo gave Martinez a list of options, including getting a restraining order against Atencio, but his last option was the one Martinez ultimately took.

"If he's coming into your house and he's trying to fight you, shoot him," Oviedo said on the recorded call. "You've got to defend yourself right?"

Oviedo repeatedly gave the caveat that Martinez would have to feel threatened, and told him during the end of the call that if Atencio did show up, the best option would be to lock the door and call 911.

But when Atencio came back to Martinez's home in Chamita, a few miles north of Espanola, less than an hour later, Martinez confronted him. According to the Rio Arriba Sheriff's Office, Martinez told investigators he asked Atencio to leave. When he refused and charged Martinez, he shot him once in the chest from about two feet away, killing him.

Martinez  had his daughter call 911 again. He was later arrested on charges of voluntary manslaughter, after seemingly taking at least part of Oviedo's advice.

"I don't think that phone call was the genesis of that incident," said Chief Robert Shilling with the New Mexico State Police.

Shilling says his officer was trying to give Martinez advice, not put ideas into his head.

"The reality is citizens all across this great state ask law enforcement legal questions daily," Shilling said. "In certain respects we have a duty and an obligation to at least point the citizen in the right direction."

But Shilling adds that this case may change how officers are trained.

Shilling says a standards board will review the call, including expletives Oviedo used during the conversation with Martinez, to determine whether any discipline is necessary.

On the tape, Martinez tells Oviedo he doesn't need any more stress in his life. His other daughter Veronica Martinez, 17, died in a car accident north of Espanola a little more than a week earlier.

Martinez's attorney Aaron Wolf did not return repeated phone calls requesting comment.