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Civil suit settled in shooting of Native American activist at protest of Spanish conquistador statue

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Civil suit settled in shooting of Native American activist at protest of Spanish conquistador statue
News

News

Civil suit settled in shooting of Native American activist at protest of Spanish conquistador statue

2024-05-08 12:53 Last Updated At:13:01

SANTA FE, N.M. (AP) — A settlement has been reached in a civil lawsuit seeking damages from three relatives in the shooting of a Native American activist in northern New Mexico amid confrontations about a statue of a Spanish conquistador and aborted plans to reinstall it in public, according to court documents published Tuesday.

The shooting, in September 2023, severely wounded Jacob Johns, of Spokane, Washington, a well-traveled activist for environmental causes and an advocate for Native American rights who is of Hopi and Akimel O’odham tribal descent. His attorney, John Day, confirmed the settlement and said the terms were confidential.

A single gunshot set off chaos at an outdoor gathering in Española over canceled plans to install a bronze likeness of conquistador Juan de Oñate, who is both revered and reviled for his role in establishing early settlements along the Upper Rio Grande starting in 1598.

In January Johns filed a lawsuit asking for damages from 23-year-old Ryan Martinez of Sandia Park, who is being held without bail on charges of attempted murder as well as assault with a deadly weapon for allegedly pointing a gun at a woman at the protest. The civil suit also accused Martinez's parents of negligence and callous indifference for ignoring their live-at-home son's “dangerous and exceptionally disturbing behavior" with guns.

An attorney for the Martinez family did not immediately respond to messages.

The family has denied it was at fault or liable, while Martinez has pleaded not guilty in state court to criminal charges as prosecutors seek sentence enhancements by attempting to prove that the shooting was motivated by bias against a particular social group.

An array of Native American leaders in New Mexico and beyond have condemned the shooting on public property where advocates for Native American rights had gathered to celebrate with song, prayer and speeches about the county’s decision not to install the statue that day.

A defense attorney has said Martinez feared for his life after being shoved to the ground as he pulled out a permitted concealed handgun. But a judge found sufficient cause for trial after reviewing surveillance and cellphone video of the confrontation and noting that Martinez arrived with loaded guns and should have known he was provoking a crowd with contrary views.

Martinez is scheduled for trial in July, with Johns listed among dozens of potential witnesses by prosecutors. District Attorney Mary Carmack-Altwies is directly prosecuting the case as she competes against Democratic challenger Marco Serna in a June 4 primary election, with no general election challengers.

Oñate, who arrived in present-day New Mexico in 1598, is celebrated as a cultural father figure in communities along the Upper Rio Grande that trace their ancestry to Spanish settlers. But he is also reviled for his brutality.

To Native Americans, Oñate is known for having ordered the right foot cut off of 24 captive tribal warriors after his soldiers stormed the Acoma Pueblo’s mesa-top “sky city.” That attack was precipitated by the killing of Oñate’s nephew.

FILE - Rio Arriba County workers remove the bronze statue of Spanish conquerer Juan de Onate from its pedestal in front of a cultural center in Alcalde, N.M., June 15, 2020. A settlement has been reached in a civil lawsuit seeking damages from a 23-year-old man and his parents in the shooting of a Native American activist in northern New Mexico amid confrontations about the statue and aborted plans to reinstall it in public. The settlement was disclosed Tuesday, May 7, 2024, in court documents. (Eddie Moore/The Albuquerque Journal via AP, File)

FILE - Rio Arriba County workers remove the bronze statue of Spanish conquerer Juan de Onate from its pedestal in front of a cultural center in Alcalde, N.M., June 15, 2020. A settlement has been reached in a civil lawsuit seeking damages from a 23-year-old man and his parents in the shooting of a Native American activist in northern New Mexico amid confrontations about the statue and aborted plans to reinstall it in public. The settlement was disclosed Tuesday, May 7, 2024, in court documents. (Eddie Moore/The Albuquerque Journal via AP, File)

INDIANAPOLIS (AP) — Kyle Larson will shoot for the Indianapolis 500 pole after the NASCAR star posted a blistering four-lap average of 232.788 mph on Sunday during his Fast 12 run at Indianapolis Motor Speedway.

Larson is trying to become the second driver ever and first since Tony Stewart in 2001 to complete “The Double,” running the entire Indy 500 and the Coca-Cola 600 in Charlotte on the same day — a full 1,100 laps.

The fastest 12 from the first day of qualifying advanced to Sunday. The top six among them run for the pole.

By making the six-car shootout, Larson also will get a dry run for May 26. He is due at North Wilkesboro later Sunday to run the NASCAR All-Star Race, and he must leave Indianapolis Motor Speedway by helicopter by 6:15 p.m. EDT to reach a nearby airport and hop on a plane to North Carolina.

If all goes according to plan, Larson would land at Wilkes County Airport at 7:45 p.m., jump into another helicopter and land at the racetrack 15 minutes later — exactly 14 minutes before NASCAR drops the green flag.

“Pretty neat being in the top six,” said Larson, who pleaded with NASCAR and TV broadcaster Fox to delay the start of the All-Star Race. “Just happy with how the day is going. Felt like our car was good there.”

Chad Knaus, the vice president of competition at Hendrick Motorsports, said there was no backup plan if Larson does not make it in time.

“The car would just sit there and look pretty. We would save it for another event,” Knaus said from North Wilkesboro. “The way things are working out, all of our cards are in getting Kyle here. That’s the plan.”

Larson had a nervy first day of qualifying Saturday when an engine issue that Chevrolet has struggled with all weekend caused him to scrap his initial attempt. But he returned to the track a little later and laid down a 232.563 mph four-lap average, putting him sixth quickest among the 34 entries and into the pole mix.

Things were a little dicey again during an hourlong practice Sunday, too.

Larson had to abort his first qualifying simulation because of traffic, backed out of his second with understeer, but eventually put together a quality run that gave him confidence of making the final six going for the pole.

When he did it, thousands of fans along the front stretch at Indianapolis Motor Speedway stood and cheered.

“People used to say to me, ‘Can you believe Kyle Larson?’” said Jeff Gordon, the vice chairman of Hendrick Motorsports, which is working with Arrow McLaren to field the No. 17 car. “I used to think the same way but I don't anymore. He always steps up. He's just fun to watch.”

AP Sports Writer Steve Reed in North Wilkesboro, North Carolina, contributed to this report.

AP auto racing: https://apnews.com/hub/auto-racing

Kyle Larson drives through the first turn during qualifications for the Indianapolis 500 auto race at Indianapolis Motor Speedway in Indianapolis, Saturday, May 18, 2024. (AP Photo/Michael Conroy)

Kyle Larson drives through the first turn during qualifications for the Indianapolis 500 auto race at Indianapolis Motor Speedway in Indianapolis, Saturday, May 18, 2024. (AP Photo/Michael Conroy)

Kyle Larson drives through the first turn during qualifications for the Indianapolis 500 auto race at Indianapolis Motor Speedway in Indianapolis, Saturday, May 18, 2024. (AP Photo/Michael Conroy)

Kyle Larson drives through the first turn during qualifications for the Indianapolis 500 auto race at Indianapolis Motor Speedway in Indianapolis, Saturday, May 18, 2024. (AP Photo/Michael Conroy)

Kyle Larson, left, talks with a crew member during qualifications for the Indianapolis 500 auto race at Indianapolis Motor Speedway, Saturday, May 18, 2024, in Indianapolis. (AP Photo/Darron Cummings)

Kyle Larson, left, talks with a crew member during qualifications for the Indianapolis 500 auto race at Indianapolis Motor Speedway, Saturday, May 18, 2024, in Indianapolis. (AP Photo/Darron Cummings)

Kyle Larson drives through the first turn during qualifications for the Indianapolis 500 auto race at Indianapolis Motor Speedway in Indianapolis, Saturday, May 18, 2024. (AP Photo/Michael Conroy)

Kyle Larson drives through the first turn during qualifications for the Indianapolis 500 auto race at Indianapolis Motor Speedway in Indianapolis, Saturday, May 18, 2024. (AP Photo/Michael Conroy)

Kyle Larson talks with his family during qualifications for the Indianapolis 500 auto race at Indianapolis Motor Speedway, Saturday, May 18, 2024, in Indianapolis. (AP Photo/Darron Cummings)

Kyle Larson talks with his family during qualifications for the Indianapolis 500 auto race at Indianapolis Motor Speedway, Saturday, May 18, 2024, in Indianapolis. (AP Photo/Darron Cummings)

Kyle Larson climbs into his car during qualifications for the Indianapolis 500 auto race at Indianapolis Motor Speedway, Saturday, May 18, 2024, in Indianapolis. (AP Photo/Darron Cummings)

Kyle Larson climbs into his car during qualifications for the Indianapolis 500 auto race at Indianapolis Motor Speedway, Saturday, May 18, 2024, in Indianapolis. (AP Photo/Darron Cummings)

Kyle Larson prepares to drive during qualifications for the Indianapolis 500 auto race at Indianapolis Motor Speedway, Saturday, May 18, 2024, in Indianapolis. (AP Photo/Darron Cummings)

Kyle Larson prepares to drive during qualifications for the Indianapolis 500 auto race at Indianapolis Motor Speedway, Saturday, May 18, 2024, in Indianapolis. (AP Photo/Darron Cummings)

Kyle Larson, center, walks to his pit box during a practice session for the Indianapolis 500 auto race at Indianapolis Motor Speedway, Thursday, May 16, 2024, in Indianapolis. (AP Photo/Darron Cummings)

Kyle Larson, center, walks to his pit box during a practice session for the Indianapolis 500 auto race at Indianapolis Motor Speedway, Thursday, May 16, 2024, in Indianapolis. (AP Photo/Darron Cummings)

Kyle Larson waits in his pit box during a practice session for the Indianapolis 500 auto race at Indianapolis Motor Speedway, Friday, May 17, 2024, in Indianapolis. (AP Photo/Darron Cummings)

Kyle Larson waits in his pit box during a practice session for the Indianapolis 500 auto race at Indianapolis Motor Speedway, Friday, May 17, 2024, in Indianapolis. (AP Photo/Darron Cummings)

Kyle Larson walks down pit lane with a crew member during a practice session for the Indianapolis 500 auto race at Indianapolis Motor Speedway, Friday, May 17, 2024, in Indianapolis. (AP Photo/Darron Cummings)

Kyle Larson walks down pit lane with a crew member during a practice session for the Indianapolis 500 auto race at Indianapolis Motor Speedway, Friday, May 17, 2024, in Indianapolis. (AP Photo/Darron Cummings)

Kyle Larson sits on pit wall during a practice session for the Indianapolis 500 auto race at Indianapolis Motor Speedway, Friday, May 17, 2024, in Indianapolis. (AP Photo/Darron Cummings)

Kyle Larson sits on pit wall during a practice session for the Indianapolis 500 auto race at Indianapolis Motor Speedway, Friday, May 17, 2024, in Indianapolis. (AP Photo/Darron Cummings)

Kyle Larson climbs out of his car during a practice session for the Indianapolis 500 auto race at Indianapolis Motor Speedway, Thursday, May 16, 2024, in Indianapolis. (AP Photo/Darron Cummings)

Kyle Larson climbs out of his car during a practice session for the Indianapolis 500 auto race at Indianapolis Motor Speedway, Thursday, May 16, 2024, in Indianapolis. (AP Photo/Darron Cummings)

Kyle Larson leaves the pits during a practice session for the Indianapolis 500 auto race at Indianapolis Motor Speedway, Thursday, May 16, 2024, in Indianapolis. (AP Photo/Darron Cummings)

Kyle Larson leaves the pits during a practice session for the Indianapolis 500 auto race at Indianapolis Motor Speedway, Thursday, May 16, 2024, in Indianapolis. (AP Photo/Darron Cummings)

Kyle Larson prepares to take off his helmet during a practice session for the Indianapolis 500 auto race at Indianapolis Motor Speedway, Thursday, May 16, 2024, in Indianapolis. (AP Photo/Darron Cummings)

Kyle Larson prepares to take off his helmet during a practice session for the Indianapolis 500 auto race at Indianapolis Motor Speedway, Thursday, May 16, 2024, in Indianapolis. (AP Photo/Darron Cummings)

Kyle Larson signs autographs during a practice session for the Indianapolis 500 auto race at Indianapolis Motor Speedway, Thursday, May 16, 2024, in Indianapolis. (AP Photo/Darron Cummings)

Kyle Larson signs autographs during a practice session for the Indianapolis 500 auto race at Indianapolis Motor Speedway, Thursday, May 16, 2024, in Indianapolis. (AP Photo/Darron Cummings)

Kyle Larson looks at his phone during a practice session for the Indianapolis 500 auto race at Indianapolis Motor Speedway, Thursday, May 16, 2024, in Indianapolis. (AP Photo/Darron Cummings)

Kyle Larson looks at his phone during a practice session for the Indianapolis 500 auto race at Indianapolis Motor Speedway, Thursday, May 16, 2024, in Indianapolis. (AP Photo/Darron Cummings)

Kyle Larson, left, talks with his team during practice for the Indianapolis 500 auto race at Indianapolis Motor Speedway in Indianapolis, Wednesday, May 15, 2024. (AP Photo/Michael Conroy)

Kyle Larson, left, talks with his team during practice for the Indianapolis 500 auto race at Indianapolis Motor Speedway in Indianapolis, Wednesday, May 15, 2024. (AP Photo/Michael Conroy)

Kyle Larson, left, talks with 2013 Indy 500 champion Tony Kanaan as he met with his team during practice for the Indianapolis 500 auto race at Indianapolis Motor Speedway in Indianapolis, Wednesday, May 15, 2024. (AP Photo/Michael Conroy)

Kyle Larson, left, talks with 2013 Indy 500 champion Tony Kanaan as he met with his team during practice for the Indianapolis 500 auto race at Indianapolis Motor Speedway in Indianapolis, Wednesday, May 15, 2024. (AP Photo/Michael Conroy)

Kyle Larson climbs into his car before the start of practice for the Indianapolis 500 auto race at Indianapolis Motor Speedway in Indianapolis, Wednesday, May 15, 2024. (AP Photo/Michael Conroy)

Kyle Larson climbs into his car before the start of practice for the Indianapolis 500 auto race at Indianapolis Motor Speedway in Indianapolis, Wednesday, May 15, 2024. (AP Photo/Michael Conroy)

Kyle Larson waits for the start of practice for the Indianapolis 500 auto race at Indianapolis Motor Speedway in Indianapolis, Wednesday, May 15, 2024. (AP Photo/Michael Conroy)

Kyle Larson waits for the start of practice for the Indianapolis 500 auto race at Indianapolis Motor Speedway in Indianapolis, Wednesday, May 15, 2024. (AP Photo/Michael Conroy)

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