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9/7/2009 - Posted by:
Bill T. Tinker, Attorney At Law
Phone: 505-842-5010
Alt. Phone: 505-279-4459
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State v. Robert Rocha

13th Judicial District of New Mexico -- Judge Louis McDonald -- jury selection begins Oct. 5, 2009 @ 9:00 a.m. Should be at least a five day jury trial. client accused of shooting his life-long best friend in the neck early on the morning of June 23, 2007, when the two men had been drinking all night and decided, at around 6:00 a.m., to go shoot rabbits in an arroyo in Rio Rancho, NM. Ballistics experts cannot tie the .22 Cal. long rifle projectile -- that Toby Herrera shot himself in the neck with -- as having come from Clients .22 Cal. rifle. Officer jeffrey LaPorie, Rio Rancho PD, was one of the first on the scene -- Toby could not talk -- because the bullett struck his spineal chord. But, upon questioning from Officer LaPorie, when asked if he shot himself -- Toby nodded his head to indicate "yes." When asked if someone else shot him -- Toby shook his head -- to indicate "no." Other interesting facts -- between 05:25 a.m. and 05:55 a.m., Toby Herrera made five cell phone calls to the same person -- Eugene Martinez -- and sometime after around 06:15 a.m., a homeowner a few hundred feet up the arroya -- who was trying to load his horses for transport -- said he saw a black SUV pull up near where the two men were shooting the gun. Stay tuned.
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