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Thread: Gilbert Martinez, Sr. - Arizona Death Row

  1. #1
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    Gilbert Martinez, Sr. - Arizona Death Row




    Facts of the Crime:

    A Maricopa County Superior Court jury returned a death sentence against Gilbert Martinez, who killed a South Dakota man during a burglary in Sun City in 2006. It was the second time a jury had considered the murder case; an earlier jury had found him guilty of first-degree murder, burglary, theft and four counts each of kidnapping and aggravated assault, but deadlocked on whether to sentence him to life or death. Martinez is already serving a 99-year prison sentence for a series of northwest Valley burglaries in 2005 and 2006. His son, his sister and two other men are in prison for crimes related to those burglaries.

    But it was killing 51-year-old Vern Jark of Abderdeen, S.D., that sent Martinez to death row. According to court testimony, on March 31, 2006, Martinez and an accomplice named Robert Arbolida, cased the Sun City home of an elderly couple who were being visited by their two grown daughters and the daughters' husbands. Martinez and Arbolida determined that there were three women and one man in the house, and then returned with a gun, put nylon masks over their faces and broke through a security door to enter the house. They rounded up the elderly couple and one of the daughters and her husband, tied them up, and then went looking for the other daughter, Jark's wife. They were in another bedroom.

    None of the victims saw what happened next, but they heard when Jark was slammed into a wall hard enough to break the drywall and heard him yell "no," when he was confronted by Martinez. And they heard the shot; Jark was shot point-blank in the left shoulder. Police were watching Martinez as a suspect in a string of burglaries. They arrested Martinez and Arbolida days later. Arbolida testified against Martinez in exchange for a life sentence with a chance of parole after 25 years. Martinez had already been tried for several of the burglaries; he was found not guilty in one of those burglaries, but sentenced to 99 years in several of the others.

    He first went to trial for the murder charge on August 31, 2009 and was found guilty on November 3, 2009. But that jury deadlocked over life and death on December 1. Martinez's attorneys tried several tacks to get the death notice dropped, but to no avail, and a new jury began considering the death penalty on March 3. Police and prosecutors believe that Martinez, who had already served a prison term for burglary, was the ring leader of criminals who graduated from simple breakings and enterings to violent home invasions; in legal terms, "burglary" does not refer to theft or to breaking and entering, but to entering a property with the intent to commit another felony. The members of Martinez's ring were charged in six burglaries in Peoria and Sun City between December 18, 2005 and February 13, 2006; their cases played out over several trials. His son, also named Gilbert Martinez, was sentenced to more than 37 years in prison for his participation in six burglaries; he was not present at Jark's murder. Martinez' sister, Margie Santiago, was sentenced to six years for destroying evidence. A fourth man, Manuel Barrera Stevens was sentenced to three years in prison for participating in one of the home invasions.

    Martinez was sentenced to death on April 29, 2010.

  2. #2
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    Arizona Supreme Court to rule on appeal of death-row inmate in Sun City murder

    The Arizona Supreme Court rules Friday on an appeal for a death-row inmate convicted of murdering a South Dakota man during a Sun City home invasion.

    Gilbert Martinez Sr. was sentenced to death on his murder conviction in the shooting death of Vern Jark of Aberdeen, S.D. His son, his sister and two other men are in prison for crimes related to those burglaries.

    Martinez was also sentenced to lengthy prison terms on convictions of other various crimes, including armed robbery, burglary and kidnapping.

    The members of Martinez' ring were charged in six burglaries in Peoria and Sun City between December 18, 2005 and February 13, 2006; their cases played out over several trials last year.

    His son, also named Gilbert Martinez, was sentenced to more than 37 years in prison for his participation in six burglaries; he was not present at Jark's murder.

    Martinez' sister, Margie Santiago, was sentenced to six years for destroying evidence. A fourth man, Manuel Barrera Stevens was sentenced to three years in prison for participating in one of the home invasions.

    An accomplice testified against Martinez in exchange for a life sentence with a chance of parole after 25 years.

    http://www.azcentral.com/community/s...#ixzz23p6HizFi
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    Administrator Heidi's Avatar
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    Ariz. court turns down appeal in murder of SD man in Sun City

    The Arizona Supreme Court has turned down an appeal for a death row inmate convicted of murdering a South Dakota man during a Sun City home invasion.

    The justices' unanimous opinion Friday upholds convictions and sentences of Gilbert Martinez Sr.

    Martinez was sentenced to death on his murder conviction in the shooting death of Vern Jark of Aberdeen, S.D.

    Martinez was also sentenced to lengthy prison terms on convictions of other various crimes, including armed robbery, burglary and kidnapping.

    An accomplice testified against Martinez in exchange for a life sentence with a chance of parole after 25 years.

    http://www.yourwestvalley.com/suncit...9bb2963f4.html
    An uninformed opponent is a dangerous opponent.

    "Y'all be makin shit up" ~ Markeith Loyd

  4. #4
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    In today's United States Supreme Court orders, Martinez's petition for writ of certiorari was DENIED.

    Lower Ct: Supreme Court of Arizona
    Case Nos.: (CR-10-0177-AP)
    An uninformed opponent is a dangerous opponent.

    "Y'all be makin shit up" ~ Markeith Loyd

  5. #5
    Administrator Moh's Avatar
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    On March 12, 2020, Martinez filed a habeas petition in Federal District Court.

    https://dockets.justia.com/docket/ar...v00517/1237398

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