Judge dashes inmate’s get-out-of-jail deal

Gabriel D. Martinez thought he was going to get out of jail Monday under a plea agreement, but District Judge Stephen Pfeffer wouldn’t let him.

Martinez was arrested last July. He and at least two accomplices are accused of stealing about $300 worth of cigarettes from the Walmart at 3251 Cerrillos Road. Video from a store security camera shows Martinez trying to leave when a store employee intervened. A scuffle ensued and Martinez struck the employee over the head with what police said was a handgun.

Martinez, another man and a juvenile were detained a short time later, and Martinez was charged with robbery, aggravated assault and two counts of contributing to the delinquency of a minor.

Martinez was facing up to 10 years in jail and a $10,000 fine.

Deputy District Attorney Orlando Torres and Martinez’s attorney, Michael Jones, told Pfeffer that they had reached a plea agreement that would have required Martinez to wear an electronic monitoring device for one year and serve five years of probation in exchange for a guilty plea.

Torres said the prosecution took into account Martinez’s age – he was 20 at the time of the incident – and that he had no record of prior arrests.

Jones added that the incident took place in the middle of the night while Martinez was intoxicated.

But those explanations didn’t hold up with Pfeffer.

“I have difficulty accepting this plea. My point of view is, he’s got to do a few months in jail,” the judge said. “Somebody pulls out a gun on somebody, in commission of a felony, I don’t believe electronic monitoring is appropriate.”

When Jones asked how much jail time the court would deem acceptable, Pfeffer said three months.

The judge rescheduled Martinez’s plea hearing to April 30.

Martinez has done four stints in jail since the crime. After his arrest, Martinez spent two weeks in jail before posting bond. He spent nearly a month in jail in November, plus two weeks in December, and he was jailed again Feb. 8 for failing to comply with his conditions of release.

The crime for which he was arrested took place about 3:45 a.m. on July 10. According to police: While Martinez was trying to walk out of the store with cigarettes, an employee intervened and was struck on the head, though he wasn’t seriously injured. When another employee approached, Martinez allegedly pointed the gun at the man and then left the area driving a silver Honda.

Police found the car parked near Richards and James avenues a short time later. One juvenile was in the passenger seat, and another man was in the back seat vomiting. Police say they also spotted cigarette cartons and a black .25-caliber handgun in the car and sought a search warrant.

Two other juveniles believed to be with Martinez inside the store fled on foot. A boy who had cigarettes hidden in his pants was charged, while a girl, who was drunk, was taken to the hospital and later released to her family without being charged.