Published Oct 16, 2008
An Alcalde man accused of stabbing a Red’s Tavern patron outside the bar Aug. 31 has been indicted by a Rio Arriba County grand jury on charges of attempted murder and two other felonies, according to court documents.
Ben Martinez, 23, was originally charged in Rio Arriba County Magistrate Court with aggravated battery and tampering with evidence, but attempted murder was added to those charges when the grand jury handed down his indictment Sept. 24.
Martinez allegedly stabbed Samuel Maldonado, of Santa Fe, right in front of a Red’s security guard, according to Red’s bartender Sandy Gonzales. The guard was accompanying Maldonado and a woman out to their car specifically to protect them from Martinez, who had been hassling Gallegos earlier inside the bar, court documents state.
Martinez had been asked to leave Red’s earlier in the night and later unsuccessfully attempted to return, Gonzales said.
The knife Martinez allegedly used to stab Maldonado was never recovered, Española Police Sgt. Christian Lopez said.
A paramedic attending to Maldonado at the scene told Lopez that Maldonado would be lucky to survive the wound. Maldonado’s right lung collapsed and he lost a severe amount of blood, according to what an Española Hospital doctor told Lopez.
Maldonado was in the hospital for 10 days recovering from his injury before he was released. Martinez remained at large for five days after the stabbing, finally turning himself in after hiring Española attorney Sheri Raphaelson to assist in his defense.
Martinez was released from McKinley County Jail on electronic monitoring after posting a $50,000 surety bond, according to a online court records database.