Rio Rancho, New Mexico

From the Rio Rancho Observer of April 29, 2006

DA decides August '05 killing in RR was self defense

Police are still investigating the Easter Sunday death of Rio Ranchoan Sarah Feeney in her Entrada Point apartment, but 13th Judicial District Attorney Lemuel Martinez was able to answer questions about one of 2005's murders.

Matthew Durand, a 27-year-old Rio Rancho resident, was found dead in the front yard of a Sunflower Drive home last August. Although police investigated the case as a homicide, Martinez determined that the defendant had a "good case of self defense," he said.

The potential defendant, whose name is being withheld because he was never charged, saw Durand in his front yard, acting weird and carrying an ice pick. The defendant then retrieved his gun and went into the yard to convince Durand to leave, Martinez said. He did not say what kind of gun the defendant had.

Durand then tried to take the gun, Martinez said, and the pair fought over it until the weapon discharged in Durand's face.

The defendant then waited until police arrived to answer their questions; his wife had called 911 when the fighting began.

Martinez said that because there was "no real evidence of any wrongdoing," he would not pursue the case.

He added that he was not necessarily satisfied that the case is closed.

"If there's a neighbor who saw anything different and would like to come forward, we would be happy to look into it again," Martinez said.