Joshua Martinez, 25, is charged with an open count of murder and aggravated assault with a deadly weapon in the death of 48-year-old Curtis Martinez.
Joshua Martinez initially told detectives he fired in self-defense after his uncle tried to “run him over,” but surveillance video showed he was “not in any danger,” police said.
According to a criminal complaint filed in Metropolitan Court:
Officers responded around 2:30 p.m. to the 400 block of Virginia NE, near Copper and Wyoming, after Joshua Martinez called 911 to say he had shot his uncle, who tried to run him over.
Police detained Joshua Martinez and found his uncle, Curtis Martinez, slumped over the wheel of a truck that had crashed into a tree. He had been shot in the head and later died at a hospital.
Surveillance video shows Curtis Martinez driving toward his nephew and Joshua Martinez moving to the side of the truck and shooting into the driver’s-side window.
Joshua Martinez told police he had gone over to confront his uncle, who “takes advantage” of his mother, about living in the house and to kick him out.
Joshua Martinez said he pulled a handgun and ordered everyone off the property when his uncle began driving toward him. The nephew told police that “everything happened so fast” and that it was “instinct” to fire at the truck but he didn’t go to the house to kill his uncle.
Joshua Martinez told police that if he had not fired his weapon, his uncle would’ve driven away and “told his mother” about the altercation.
“After viewing the video which captures the shooting several times, I did not find any evidence that Joshua was in any danger when he fired at Curtis,” an officer wrote.