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Nine months’ jail for brother killer

Felix Martinez, left, get emotional as he listens to statements by his family during his sentencing hearing in First District Court, in Santa Fe, Thursday July 11, 2013. Martinez was next to his attorney Joseph Campbell, right.  (Eddie Moore/Albuquerque Journal)
Felix Martinez, left, get emotional as he listens to statements by his family during his sentencing hearing in First District Court, in Santa Fe, Thursday July 11, 2013. Martinez was next to his attorney Joseph Campbell, right. (Eddie Moore/Albuquerque Journal)
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Felix Martinez will also serve 5 years’ probation on release

SANTA FE – A man who admitted to shooting his brother and dumping his body in Torreon Park in March 2012 will spend about nine more months in the county jail following an emotional sentencing hearing Thursday morning.

Felix Martinez, 43, who took a plea deal this week on voluntary manslaughter and tampering with evidence in the death of David Martinez, 53, apologized to state District Court Judge Stephen Pfeffer prior to sentencing.

“I love my brother so much,” he said. “… May God forgive me for what happened.”

In a case that was entwined around the murder of a man who interrupted a burglary at his home three weeks before David’s killing, Felix Martinez’s attorney Joe Campbell reminded Pfeffer that police said David was likely the person who killed that man. Campbell sought probation for his client. “Felix is not a home-invading, burglarizing monster,” Campbell said.

Others didn’t have much good to say about the brother who died.

Even family members, while acknowledging David Martinez as family, said he spent most of his life in prison and had been threatening and violent toward his family. Many of those who spoke suggested that Felix shot David to defend himself.

Deputy District Attorney Tim Williams responded by saying that David was getting a little “beaten up” and that he was a person who deserved to live. “He deserved better,” Williams said.

Members of the Torreon neighborhood watch group, who represent the area where both deaths occurred, wrote a letter that Williams read to Pfeffer. They expressed “apprehension and empathy” for the Martinez family and also asked that Felix Martinez get treatment as part of his sentence. The letter also criticized the District Attorney’s Office for not charging Felix with more crimes and it asked that it release all of its information on the Ethaan Boyer murder, which preceded David Martinez’s death.

” … (We) believe that David Martinez did not act alone in the murder and robbery of Mr. Boyer,” the letter states.

Boyer, a 34-year-old digital design artist, was killed by a gunshot after apparently interrupting a burglary at his West Alameda Street home.

Pfeffer sentenced Felix Martinez to the full seven years under the plea deal, suspending all but two years. With his pre-sentence confinement credit, which gets counted toward his jail time, Felix will serve about nine months in the county jail, during which he cannot accrue good time credit to get out earlier. Following his release, Felix will serve five years of probation.

The two brothers and Sam Leyba, 44, were suspects in the death of Boyer. Police later pinned Boyer’s murder on David Martinez, whose DNA and sunglasses lens were found at the scene.

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