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Former Marine to serve two years in jail for killing Albuquerque robber

By Joline Gutierrez Krueger
Saturday, February 23, 2008

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In a 2004 murder case that blurred the lines between good and evil, right and wrong, self-defense and homicide, state District Judge Albert S. "Pat" Murdoch said he knew any decision he made would be wrong.

On the one hand, defendant Elton John Richard, 30, was a decorated Marine who fought in both Iraq wars and had been part of the 2003 rescue of Army Pvt. Jessica Lynch.

On the other, Daniel Romero, 34, had been a cheerful, helpful family man from northern New Mexico who had saved a wheelchair-bound neighbor from a burning mobile home seconds before the ceiling collapsed.

But on Dec. 30, 2004, Romero had fallen into darker ways, snorting cocaine and scheming to steal a car.

He chose to break into the garage of Richard's home in the 8200 block of Wolverine Drive Northwest on the West Side.

It was a deadly decision.

Romero was shot and killed by Richard in what appeared at first blush to be self-defense.

But Richard was charged with second-degree murder after prosecutors said it was not self-defense after all. Richard had chased Romero a quarter-mile from his property before shooting.

"All this man (Romero) did was try to get away," said prosecutor Theresa Whatley.

On Friday, Richard was sentenced to two years in prison after pleading no contest to voluntary manslaughter. He was also ordered to pay restitution of $500 a month for four years once his prison term is completed.

The sentence was one of the hardest decisions Murdoch said he has had to make in 20 years on the bench.

"I believe in my heart that Mr. Richard and Mr. Romero are good people," the judge said.

But it had been a crime that made no sense, he added.

Richard, a Department of Energy nuclear materials courier with a top security "Q" clearance, said he heard a noise and found Romero, clad in black and armed with a screwdriver and sledgehammer, in the garage next to the broken window of Richard's Ford Bronco.

Romero, convicted twice on armed robbery charges, ran away yelling "Let me go, let me go," but was shot as he attempted to climb a fence near Paseo del Norte and Eagle Ranch Road Northwest, Whatley said.

"He should have been arrested and should have not been killed," she said.

But Richard, talking publicly about the ordeal for the first time, said at several points Romero grabbed Richard's gun and kept telling Richard that his friends were coming.

"The safety and security of myself, my son and my wife was compromised," he said. "I didn't have time to armchair quarterback it."

According to court documents, Richard gave chase, yelling at Romero to get on the ground and for neighbors to call 911.

"Why would I call for help if I had intentions of hurting somebody?" he said.

Romero was shot once, in the upper chest, said Richard's attorney, Billy Blackburn.

At Friday's hearing, Richard's mother wailed inconsolably and members of the Romero family broke into applause when Murdoch first announced the sentence - six years, the maximum.

"I'm not through," Murdoch shot back angrily before announcing the suspension of four of the six years.

Angry cries of "Murderer!" then came from the Romero side of the courtroom as Richard was taken into custody.

Romero's wife, Barbara Romero, was more merciful.

"I'm sorry he has to go to prison," she said after the hearing. "I wouldn't wish bad on anyone."

A charge of voluntary manslaughter assumes an intentional killing after sufficient provocation.

Had he been convicted of second-degree murder at trial, Richard could have faced a prison sentence of 15 years.