A preliminary hearing to determine whether a Valencia County man who shot and killed a suspected burglar acted in self defense or committed murder continues Tuesday. Former marine Luke Sanchez is charged with fatally shooting Gary Gabaldon on July 4 after he spotted Gabaldon and Rudy Sisneros allegedly breaking into Enchantment Propane, called 911, and then followed the two men as they left the scene. Sanchez was on the phone with the Valencia County emergency operator reporting a burglary when Gabaldon was shot and killed. “Get back, stay there, stay there,” Sanchez can be heard telling someone on the 911 tape before telling the dispatcher, “He punched my window out. I just shot one,” and finally, “I just killed one.” Tuesday in court, pictures of the handgun used to kill Gary Gabaldon were shown as well as the truck Luke Sanchez was driving the night of the shooting. The defense on Friday morning told the court that Sanchez had no other option but to shoot Gabaldon. It also pointed out that Gabaldon was attacking Sanchez when the shooting occurred. The prosecution said that Sanchez pursued the suspects after calling 911 and that he did not have a right to follow the suspect’s car when the suspects noticed Sanchez. The case has split much of Valencia County. Some 4,000 people have signed a petition supporting what Sanchez did while others contend that Sanchez was active as a vigilante. The hearing was moved from Belen’s magistrate court to Valencia County district court because of security. Rudy Sisneros, Gabadon’s alleged accomplice, is reportedly cooperating with authorities. The case has prompted a tremendous public outcry. Close to 4,000 have signed a petition supporting what Sanchez did.