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No, the prosecution will not rest
Accused murderer Diego Martinez faces new charges in Oceanside shooting
Diego Martinez pleads not-guilty to new charges. Photo by Eva
Diego Arturo Martinez, who was acquitted of murder and attempted murder at the end of a trial three months ago, had new charges filed against him in court on Tuesday, September 30.
During a three-week trial in June, Martinez was accused of shooting to death one man and seriously injuring a woman with gunfire on the night of August 30, 2012. Both victims were seated in a truck, near midnight, in the middle of the Oceanside street where all parties lived.
Robert Robbins, 47, was found dead in the 4700 block of Calle Solimar; his girlfriend, Lisa Badgett, then 49, survived her gunshot wounds and testified at trial.
The jury for the first trial deliberated from June 25 until July 1, unanimously declaring Martinez not guilty of first-degree murder for killing Robbins but could not agree on lesser degrees of homicide, which were also considered. A note from a juror to the judge, found in the court file, reads: “We are split 50/50 between 2nd degree and manslaughter (on count one) could you please advise.”
The judge for the first trial, Sim von Kalinowski, declared a mistrial on those charges.
The jury declared Martinez not guilty of attempted murder and not guilty of attempted manslaughter for shooting Lisa Badgett; both those charges were considered as part of count two.
On September 30, prosecutor David Bost filed two new charges, the first as second-degree murder for the death of Robbins. The second charge, California penal code 246, charges Martinez with shooting at an inhabited vehicle. Both charges in the newly amended complaint are felonies and are both enhanced by allegations that Martinez discharged a firearm. Because of the enhancements, the defendant could face 25 years to life on each of the two counts.
At the same hearing, defense attorney Herb Weston asked to be relieved as counsel. Judge Carlos Armour assigned the public defender’s office to represent Martinez and set his next court date for December 9.
Martinez, now 22, continues to be held in lieu of $5 million bail. His new trial is now calendared for February 2, 2015.
Here's something you might be interested in.
No, the prosecution will not rest
Accused murderer Diego Martinez faces new charges in Oceanside shooting
No, the prosecution will not rest
Accused murderer Diego Martinez faces new charges in Oceanside shooting
Diego Martinez pleads not-guilty to new charges. Photo by Eva
Diego Arturo Martinez, who was acquitted of murder and attempted murder at the end of a trial three months ago, had new charges filed against him in court on Tuesday, September 30.
During a three-week trial in June, Martinez was accused of shooting to death one man and seriously injuring a woman with gunfire on the night of August 30, 2012. Both victims were seated in a truck, near midnight, in the middle of the Oceanside street where all parties lived.
Robert Robbins, 47, was found dead in the 4700 block of Calle Solimar; his girlfriend, Lisa Badgett, then 49, survived her gunshot wounds and testified at trial.
The jury for the first trial deliberated from June 25 until July 1, unanimously declaring Martinez not guilty of first-degree murder for killing Robbins but could not agree on lesser degrees of homicide, which were also considered. A note from a juror to the judge, found in the court file, reads: “We are split 50/50 between 2nd degree and manslaughter (on count one) could you please advise.”
The judge for the first trial, Sim von Kalinowski, declared a mistrial on those charges.
The jury declared Martinez not guilty of attempted murder and not guilty of attempted manslaughter for shooting Lisa Badgett; both those charges were considered as part of count two.
On September 30, prosecutor David Bost filed two new charges, the first as second-degree murder for the death of Robbins. The second charge, California penal code 246, charges Martinez with shooting at an inhabited vehicle. Both charges in the newly amended complaint are felonies and are both enhanced by allegations that Martinez discharged a firearm. Because of the enhancements, the defendant could face 25 years to life on each of the two counts.
At the same hearing, defense attorney Herb Weston asked to be relieved as counsel. Judge Carlos Armour assigned the public defender’s office to represent Martinez and set his next court date for December 9.
Martinez, now 22, continues to be held in lieu of $5 million bail. His new trial is now calendared for February 2, 2015.
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