ESPAÑOLA, N.M. (KRQE) – It was a terrifying scene in September 2023 when the controversial reinstallation of a Juan De Oñate statue in Rio Arriba County turned violent. Protestors and anti-protestors congregated in Española for the reinstallation when video showed Ryan Martinez, in a green sweatshirt and “Make America Great Again” hat, standing in the crowd alongside other counter-protesters. The video then showed protestors trying to kick him out of the area right in front of the sheriff’s office. Tensions escalated, and Martinez shot and injured Jacob Johns.
Johns is suing the Rio Arriba County Sheriff’s Department, the late sheriff Billy Merrifield, some county commissioners, and the county manager. The lawsuit claims county leaders “knew” the event was likely to turn violent. The suit points to a letter Sheriff Merrifield had sent the county commissioners saying, “respectfully, I am in full support of your decision to put the statue back up, but strongly do not believe it is appropriate or safe to have the statue placed or relocated in front of the County Annex as scheduled.”
They also point to the shooting at a similar protest in Albuquerque in 2020. The lawsuit also alleges law enforcement left the event too early, “increasing the likelihood” of danger and violence to protestors. Last year, Johns also sued Martinez and his parents. According to court documents, that lawsuit was dismissed with prejudice.
KRQE News 13 reached out to the Rio Arriba County manager and Johns’ attorney for comment on the lawsuit, but did not hear back. Martinez is currently serving a four-year sentence after pleading no contest to charges of aggravated battery and aggravated assault with a deadly weapon.
