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3rd Man Gets 13 Years in Murder

By Vic Vela
Journal Staff Writer
      A third defendant in the 2007 slaying of a Santa Fe man who was shot to death as he slept inside his home received prison time for his role in the crime.
       Michael Martinez, 25, was sentenced to 13 years behind bars Wednesday for the murder of Max Valdez, 26, after he reached a plea agreement with the District Attorney's Office.
       Martinez — appearing in front of state District Judge James Hall — pleaded no contest to second-degree murder. He also gave the same plea for an aggravated burglary charge, but the nine years he will receive on that count will be suspended. He will also face five years of probation and two years of parole upon his release.
       However, if Martinez violates any terms of the agreement, he could serve the nine-year suspended sentence, plus 10 more years of sentencing enhancements he received for having two prior felony convictions and for using a firearm during the incident in which Valdez was killed.
       Martinez was not the triggerman the night Valdez was shot to death as he hosted a party inside his Santa Fe mobile home in June 2007, but Martinez was one of three men culpable in the crime.
       Martinez and partner-in-crime Jacob Chavez were at the party but left after becoming involved in a confrontation with another man, Eric Garcia. The argument was broken up by others inside the home. But Chavez, Martinez and another man, Anthony Gracen Gutierrez, returned to the home, apparently to try to kill Garcia. Chavez fired away once inside, shooting partygoer Kyle Clark in the face. Clark survived, but Valdez — who was in his bed at the time — died when a bullet struck him.
       Earlier this month, Chavez was sentenced to life in prison, plus 28-and-a-half years, after a jury in April found him guilty of the charges he faced. Gutierrez is serving a life sentence after he was convicted at a September trial for his role in the murder.
       Family members of Max Valdez said during Wednesday's sentencing hearing that Martinez's role was even more devastating than the others involved because Martinez and Valdez were “best friends” going into the incident. But the victim's mother, Linda Valdez, said she had a hard time believing that Martinez was close to Valdez considering that “Michael goes into my son's house with a gun and sees my son shot and does nothing. ...”
       “He is no hero,” she said. “No best friend to no one.”
       Judith Martinez, Max Valdez's aunt and godmother, said that “Michael and his caliber give us a life sentence of pain” and that those involved “should be prosecuted for killing an entire family” because of the void left behind.
       For Michael Martinez's part, his mother, Lisa McAlister, expressed her condolences to the Valdez family.
       “Your suffering has been immense, and I'm deeply sorry,” she said. “No one should have to experience such heartache.”
       But she and other Michael Martinez family members described him as being “a good man” and “the heart of our family.”
       “My brother's not a violent person,” said Marisa Martinez. “He's a great person.”
       Martinez also spoke prior to being sentenced. He told the judge that he plans to come out of prison a different man.
       “The time I do in prison is going to be about getting an education and doing something right with my life,” he said. “I want to make a difference in my life. When I come out, it's gonna be a different life for me.”
       Martinez — holding back tears and with a choke in his voice — also turned and told the Valdez family, “I just want to tell you all I'm very sorry about this.”
       Hall said the plea agreement was “absolutely appropriate” given Martinez's role that evening and said, “Somehow, some way, we need to find a way to stop these things from occurring.”
       The judge also said he wants Martinez to make good on his promise to leave prison a changed man.
       “I hope that what you just said to me ... turns out to be true,” he said. “I'm not sure there's anyone in this room that hopes you don't come out a better person.”
       


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