By The Associated Press
A Hispanic man in New Mexico who had already been charged with attempted murder for shooting a Native American activist is now also facing accusations of a hate crime.
Ryan David Martinez is accused of shooting an indigenous activist in September during clashes over plans to re-display a statue of a Spanish conquistador. Those plans then did not come to fruition.
The defendant pleaded not guilty to all charges Thursday during a hearing supervised by a district judge from a courthouse in the town of Tierra Amarilla.
Deputy District Attorney Tony Long said his office will seek a harsher sentence for Martinez based on the use of a firearm, and will try to prove that the shooting was motivated by bias against a particular social group.
Ryan Martinez at his preliminary detention hearing in Tierra Amarilla, New Mexico, on Oct. 13, 2023.Eddie Moore/The Albuquerque Journal via AP file
Martinez was arrested on Sept. 28 after a single gunshot was fired at an outdoor congregation in the city of Española amid a chaotic situation over the cancellation of plans to install the bronze statue of conquistador Juan de Oñate, a figure revered and reviled for his role in establishing the first settlements along the upper Rio Grande beginning in 1598.
Jacob Johns, an environmental activist and advocate for the rights of Native Americans of Hopi and Akimel O'odham descent, was seriously injured.
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Johns had joined other Native American rights advocates in celebrating the county's decision not to install the statue on that day with songs, prayers and speeches.
According to state laws, a harsher conviction for the hate crime can extend the time a person could spend in prison by up to an extra year. When aggravating factors related to the use of firearms are added, that time could be extended to up to eight years in prison.
Initial felony charges against Martinez can carry sentences of up to 16 years and six months in prison, along with possible fines and a period of probation, Long explained in court. A misdemeanor charge of reckless driving of a vehicle could add up to 90 days in prison.
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State District Court Judge Jason Lidyard scheduled a jury trial for May 2024. The magistrate ordered Martinez to remain in prison until that time.