new tonight--- we talk to the
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10:01 pm family of a new mexico national guardsman charged with murder. police in las vegas, new mexico say 21 year old richard baca shot and killed 22 year old benito lemos after baca cut in front of the car lemos was in. joe vigil
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joins us with reaction from baca's family.. and witnesses. was this self defense or cold blooded murder? tonight an aunt of guardsman richard baca says the family stands behind him 100 percent. while witnesses have no doubts it was a cold blooded killing. "i'm still shaking now, it's just crazy." a day after the killing, mark durant says he's still stunned. he saw his friend nito lemos dying near the las vegas plaza. "we just stood there over benito just, i mean he wasn't even breathing. we actually saw him take his two last
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10:02 pm breaths. and it was horrible." court documents indicate that benito lemos thought richard baca nearly hit the car he was riding in with family members--includin g his two kids. lemos got out of his car and approached baca's car while at a traffic light. baca told police lemos started punching him in the face. according to court documents -- baca told lemos he had a gun and ended up firing three shots. a friend of lemos heard the shots. he says he walked over and saw baca arguing with a woman described as either lemos' wife or fiancee. "he still had the gun out and he insisted, he kept telling her, yea i shot him i shot him. what the f---'s your problem letting him get out of the car." gallegos calls it cold blooded murder. "even if he is a member of the national guard, whatever, there's no reason for him to shoot somebody. he left behind two kids. that's just ridiculous." baca is here on leave from iraq. he's part of the 720th transportation company. his aunt in los lunas told us he was probably
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10:03 pm visiting his grandparents and his dad in vegas. she says baca is not the kind of person who would start something like this. she wondered why lemos would get of the car...asking why he wouldn't just let it go. one witness told us he did not see lemos punch baca. we're told baca performed cpr on lemos without success. he's now in jail---charged with an open count of murder. nicole back to you.
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