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Settlement awards $1.5 million to family of Peralta man fatally shot by deputies
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Valencia County Sheriff Denise Vigil is criticizing a settlement that awarded $1.5 million to the family of a Peralta man fatally shot by a deputy in 2024.
Vigil also said deputies 鈥渁cted lawfully and appropriately鈥� when the deputy 鈥� identified only by the last name 鈥淐havez鈥� in court records 鈥� shot Michael Gabaldon, 51, in the back during an armed confrontation between Gabaldon and a neighbor.
Gabaldon鈥檚 family filed a lawsuit in May against the Valencia County Board of Commissioners alleging that sheriff鈥檚 deputies failed to take action that could have prevented Gabaldon鈥檚 death by arresting Thomas Rodriguez, who was firing guns and threatening neighbors outside his home just south of Peralta.
The Gabaldon family reached the agreement with the New Mexico County Insurance Authority, an insurance pool formed to self-insure member counties. The 13th Judicial District lawsuit was settled Oct. 22 under a sealed agreement approved by Judge Cindy Mercer.
Valencia County and the sheriff鈥檚 office 鈥渨ere not in agreement and did not authorize or participate in the settlement,鈥� Vigil said in a statement. 鈥淭he Sheriff and the County remain concerned about the precedent this settlement sets for future claims involving law enforcement officers and the broader implications for public trust.鈥�
The settlement also could result in higher premiums for member counties 鈥渢hat limit the ability to deliver essential public services,鈥� the statement said.
The Gabaldons鈥� attorney, Laura Schauer Ives, said the statement shows the sheriff鈥檚 office has refused to accept responsibility for creating the circumstances that led to Gabaldon鈥檚 death. Deputies failed to arrest Rodriguez for his illegal and dangerous behavior, forcing Michael Gabaldon to defend himself and his family, she said.
鈥淚t is absolutely stunning that they do not recognize that their refusal to enforce laws in Valencia County is what led to this,鈥� Schauer Ives said of the sheriff鈥檚 office.
鈥淭here鈥檚 absolutely zero question that (Rodriguez) was extremely dangerous,鈥� she said in an interview. 鈥淗e was so dangerous they removed Rodriguez鈥檚 brother and mother from the home, but they didn鈥檛 take (Rodriguez) into custody. Deputies should have done something because they risked the community, they risked the Gabaldons, by not doing so.鈥�
Rodriguez鈥檚 mother told deputies that he possessed multiple firearms and agreed to file an extreme-risk firearms protection order under the state鈥檚 Red Flag Law that would have allowed deputies to remove guns from the property, but deputies failed to obtain the order, Schauer Ives said.
Valencia County Attorney Nicholas Autio did not immediately respond to the Journal鈥檚 request for a comment.
Gabaldon鈥檚 death
The Gabaldon family鈥檚 lawsuit alleged that Rodriguez, 46, was a menace in the neighborhood for three years after he moved in with his mother in 2022. Rodriguez lived next door to Gabaldon, his wife, Patricia Gabaldon, and their teenage son.
The suit alleged that Rodriguez 鈥渢errorized the neighborhood,鈥� shooting at homes, breaking windows, breaking into houses and shouting at neighbors.
On Sept. 29, 2024, the day of Gabaldon鈥檚 death, neighbors called 911 to report hearing gunshots from Rodriguez鈥檚 house, the suit alleged.
When deputies arrived at the house, Rodriguez鈥檚 mother confirmed that her son was mentally ill and had been using drugs and hadn鈥檛 slept for days, the suit said. The mother also told deputies that Rodriguez had several guns, including an AR-style rifle and had been shooting them outside the house. Deputies removed the mother and Rodriguez鈥檚 brother from the house.
Deputies learned that Rodriguez had two outstanding arrest warrants and established a perimeter around the home, but Rodriguez ignored calls to exit the house, the suit said. Deputies requested a SWAT team but the request was denied, it said.
Patricia Gabaldon made 11 calls to the Valencia Regional Emergency Communications Center, resulting in three responses by VCSO deputies. Michael Gabaldon was shot by deputies on their third visit.
When deputies arrived at about 10:30 p.m., they ordered Gabaldon to drop his weapon.
鈥淢ichael (Gabaldon) was standing on his own property near the fence line, actively defending himself from Rodriguez at the time,鈥� the suit said. A 鈥淒eputy Chavez鈥� fired a single fatal shot into Gabaldon鈥檚 back, it said.
