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  1. #1
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    Kimberly Ann Moore Sentenced in 2011 TX Slaying of Zachary Dominguez





    The man accused in the 2011 murder of a 5-year-old boy will have to wait several more months to stand trial on capital murder charges.

    Ralph Martinez Jr., 27, is charged in the death of Zachary Dominguez, who died Feb. 20, 2011, at Medical Center Hospital with multiple injuries including bruises, burn marks and open sores.

    But the trial, originally scheduled for April 29, has now been moved back for a trial date of Oct. 14.

    Ector County District Attorney Bobby Bland said moving the trial date was agreed upon between the defense attorneys and his office.

    Bland said they discussed where the defense was in the case and thought that with the higher standards of review in capital murder cases, it would be wise to delay the start date.

    “Based on where the defense was in their preparation, we were concerned that this case may not withstand scrutiny upon appeal or subsequent review unless certain things were done,” Bland said. “And there was insufficient time for the defense to do the things they needed to do.”

    Judge James Rush, of the 244th District Court, ordered that the jury panel be qualified Aug. 22 and come in for individual juror interviews Sept. 9.

    Bland said the case had to be rescheduled so much further down the road because of the two months it takes to try capital murder cases.

    “I want to make sure when we try it, we only try it once,” he said. I didn’t want to take the chance of it having to be retried five to 10 years down the line because everything that should have been done wasn’t done.”

    Martinez also is charged with injury to a child.

    Kimberly Ann Moore, 29, was also arrested and charged with capital murder and injury to a child in connection with the child’s death. Moore, the boy’s mother, remains in custody and her trial is pending.

    Attorneys Maxwell Peck and Ray Keith, employees with the West Texas Regional Public Defender for Capital Cases, are defending Martinez.

    http://www.oaoa.com/news/crime_justi...a4bcf6878.html
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  2. #2
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    Related

    Woman Indicted On Capital Murder Charges In 2011 Child Death Case



    Ector County District Attorney, Bobby Bland, issues the following statement:

    On Monday, August 5, 2013, the Grand Jury indicted Evangelina Quezada for one count of Capital Murder for the murder of Zachery Dominguez in February, 2011, and four (4) related counts of Injury to a Child, which are First Degree Felonies.

    The murder is a Capital Murder because the child, Zachery Dominguez, was under the age of six when he was killed. She is charged as a party to Ralph Martinez, Jr. and Kimberly Ann Moore who were previously indicted, and as a result of newly discovered evidence.

    Ralph Martinez, Jr. is scheduled for trial on October 14, 2013. Evangelina Quezada was arrested by U. S. Marshalls yesterday while attempting to visit her son, and bond is set at $500,000.00. The State is going to waive the death penalty based on the prerequisites of the death penalty and the facts surrounding Quezada’s involvement.

    http://www.cbs7kosa.com/news/details.asp?ID=47122
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  3. #3
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    What a horrible case!

    Previous coverage.

    Boyfriend in child death speaks



    Ralph Martinez Jr., the man charged with injury to a child in the case of a slain 5-year-old, gave his side of the story Friday afternoon.

    “(Kimberly) was just an evil, evil, evil, EVIL person,” Martinez said.

    From behind the glass of the visitation booth, Martinez’s tough-guy demeanor and tattooed body was offset by his soft-spoken voice and teary breakdowns while speaking.

    Zachary Dominguez, spelled “Zachery Dominguez” in an arrest warrant affidavit signed Thursday, died Sunday morning after Odessa authorities responded to a call of an unresponsive child at 1609 N. Lincoln Ave. Kimberly Ann Moore was Zachary’s mother, and Martinez was Moore’s boyfriend. They were arrested later that afternoon and charged with injury to a child with intent to cause serious bodily injury, a first-degree felony.

    Early Friday morning while they remained in jail, the couple received an additional charge of injury to a child, also a first degree felony, in connection with abuse to another child in their household. They were being held at the Ector County Detention Center on bonds totaling $200,000.

    Martinez said he was well aware of the charges, proclaimed his innocence and said he doesn’t deserve to be in the jail.

    “Ask just not my family, but friends and the neighbors who’ve known me for just a few months and they’ll tell you I’m not the way everyone is making me out to be,” Martinez said.

    Martinez then described the events that unfolded Sunday morning. He said that after taking a shower, he heard Moore screaming for an unknown reason and he ran naked to Zachary’s room to discover him sitting in a chair with his eyes rolled back into his head.

    “I put him on the ground and tried to perform CPR,” Martinez said between sobs. “When I was pushing on his stomach, blood was coming out of his eyes.”

    While trying to bring Zachary back to life, Martinez said he told Moore to go and call 9-1-1, but she would just stood there, unresponsive.

    “I can understand she was in shock, but she wasn’t doing anything,” he said.

    Martinez said he stopped attending to Zachary and called 9-1-1, only to be met with Moore slapping the phone out of his hand, telling him not to call 9-1-1.

    “She seemed more concerned about what would happen to her than what would happen to the kids,” he said.

    After finally making the emergency call, Martinez said he grew tired of waiting and got ready to take Zachary to the emergency room himself when the paramedics arrived. He said the paramedics were only going to let Moore go with them, but even getting her to do that was a chore.

    “I had to tell her to get her stuff and go. What kind of mother isn’t concerned about their kid?” he said.

    After being taken to the Odessa police station, Martinez said that after questioning, police told him he was going to be charged with injury to a child.

    “That’s when I lost it. It took like seven or eight police officers to take me down,” he said while showing off the bruises on his left arm. “I have like five Taser holes in my back.”

    Odessa police spokeswoman Cpl. Sherrie Carruth said it did take additional officers to restrain him and confirmed that he was Tased.

    An arrest warrant affidavit obtained by the Odessa American describes “numerous physical injuries to the child’s body. Including multiple bruises at various states of healing, burn marks from scalding and open sores.”

    The arrest warrant also states Zachary wasn’t the only child in the household to suffer abuse.

    The affidavit also describes the state of the other three children in the household: a 10-year-old girl, 3-year-old boy and 1-year-old boy. A sexual-assault nurse examiner investigated the two surviving boys for signs of sexual abuse.

    Zachary and the 3-year-old reportedly showed behavior suggesting sexual abuse, defecating on themselves and smearing feces all over the home’s walls and closets. The 3-year-old also had bruises and scars in various stages of healing, similar to Zachary, the affidavit said.

    During a forensic interview with Harmony Home on Thursday, the 3-year-old boy said his “mommy” and “daddy” put Zachary in hot water because the brother had defecated on himself. The affidavit state that when asked if he had been put in hot water, the 3-year-old said “not anymore.”

    Child Protective Services representative Marleigh Meisner previously said Moore’s three surviving children were placed in foster care following their arrest.

    Meisner, while not giving too many details about the case, said that when CPS investigates claims of abuse, the whole family is investigated. Martinez alluded that other members of Moore’s family might have been responsible for the abuse.

    “When the person of alleged abuse doesn’t live in the household, we try to set up a safety plan that makes sure that person doesn’t have alone time with the child,” Meisner said.

    Martinez said that after Moore took parenting classes, she would become upset when CPS would check up on the children. Again not going into specifics, Meisner said it isn’t uncommon for parents to be uncooperative during check-ups.

    The affidavit claims both Moore and Martinez were aware of the physical abuse and injuries to their 3-year-old, but didn’t seek medical attention for him.

    But Martinez disagrees. He said he never noticed anything out of the ordinary about the kids. He said that after CPS investigated the household the first time, he was in charge of the youngest child.

    “I would take him everywhere, but she wouldn’t let me take Zachary and (the 3-year-old). They were scared of her. Whenever I would ask them a question, she would be standing over them,” he said.

    Martinez defended his innocence and again said he was thankful to everyone who has stuck by him. Showing off a tattoo on his arm that said “Only the Lord shall judge me,” he said the truth would come out.

    “We’re all innocent until proven guilty,” he said. “If I wasn’t home when it all happened, she would have probably taken him out and just buried him.”

    http://www.oaoa.com/article_66c0ad1a...06445d386.html
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  4. #4
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    Court prepping for death case

    Posted: Friday, August 9, 2013



    Jury summons have already been sent out in Ector County’s next impending death penalty case.

    Ralph Martinez Jr., 27, is charged with one count of capital murder and three counts of injury to a child in connection with the Feb. 20, 2011, death of 5-year-old Zachary Dominguez.

    The individual jury selection for the trial will begin Aug. 22 at the Coliseum’s Barn A. As opposed to regular trials where jury selection takes place with all potential jurors in the same room, attorneys for both sides interview jurors individually in cases where the death penalty is on the table.

    Ector County District Attorney Bobby Bland is the prosecutor in the case and West Texas Regional Public Defender Max Peck is the defense attorney.

    Bland announced Wednesday he would seek the death penalty against Martinez, which would mark the first case Bland has prosecuted in trial with a possible death penalty punishment.

    During a Thursday hearing, Judge James Rush also said a motion was granted to keep Martinez restrained with a knee brace underneath his clothes as opposed to shackles to keep the jury from being prejudiced because of the restraints.

    Several people who were at the hearing noted that Martinez looked like he lost weight. Dressed in a tan jumpsuit, he was laughing at jokes before the hearing and watching the proceedings during the hearing.

    Before the hearing, both sides met with the judge for more than 30 minutes and when the hearing began, it mostly consisted of Rush reading a list of motions he approved and denied by number.

    Bland declined to comment after the hearing and Peck went to speak with Martinez.

    The trial is scheduled to begin Oct. 14 after the individual jury selection.

    Martinez and 29-year-old Kimberly Ann Moore, who was Martinez’s girlfriend at the time and the mother of Zachary, are accused of causing multiple injuries to Zachary Dominguez with evidence of several bruises at various stages of healing, burn marks from scalding and open sores.

    Moore also is charged in the case. Tuesday, Martinez’s mother also was arrested and charged with one count of capital murder and four counts of injury to a child in connection with the case.

    Evangelina Zepeda Quezada, 2150 W. Bell St., was arrested by U.S. Marshals while visiting Martinez at the Ector County Detention Center.

    http://www.oaoa.com/news/crime_justi...a4bcf6878.html
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  5. #5
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    Capital Murder Suspect Accepts Plea Deal 8/14/13

    Ector County District Attorney's Office
    Press Release
    8/14/13

    (Odessa)- Ector County District Attorney, Bobby Bland, issues the following statement:

    This afternoon Ralph Martinez, Jr. pled guilty to the February, 2011 Capital Murder of Zachery Dominguez.

    In return for his plea, he received life without parole.

    The State was prepared to go to trial and seek the death penalty beginning August 22, 2013.

    The State waived the death penalty in return for his plea of guilty and his agreement to testify against Kimberly Ann Moore.

    Kimberly Ann Moore, the mother of Zachery Dominguez, and Evangelina Quezada, Ralph Martinez’s mother, are also charged in the death of Zachery Dominguez.

    The State has agreed to be lenient against Evangelina Quezada in exchange for the plea.

    District Attorney Bobby Bland said “This plea prevents the 5 and 13 year old surviving siblings of Zachery Dominguez from having to testify and undergo all the scrutiny and stress they would be put under at trial. Ralph Martinez will die in prison for this heinous crime, just as he should. This plea insures justice for Zachery Dominguez while preventing further harm to those children who survived. The Family of Zachery Dominguez fully and completely supported the actions of the District Attorney’s office in this case.”

    All persons summoned for jury duty at the Ector County Coliseum on August 22, 2013 are no longer required to appear.

    http://www.cbs7kosa.com/news/details.asp?ID=47280
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  6. #6
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    Mother charged with capital murder pleads guilty



    The Odessa mother charged with capital murder in connection to the 2011 death of her 5-year-old son pleaded guilty Wednesday, receiving life in prison.

    Kimberly Ann Moore, 29, was sentenced to life in prison plus 15 years to be served consecutively, a news release from Ector County District Attorney Bobby Bland stated. Moore will be eligible for parole after serving 37.5 years, the release stated.

    Moore is the second person to plead guilty to the Feb. 20, 2011, death of 5-year-old Zachery Dominguez. Ralph Martinez Jr., 28, pleaded to the same charges on Aug. 14, and was sentenced to life in prison without parole.

    Martinez and Moore were originally charged after Zachery died on Feb. 20, 2011, at Medical Center Hospital. Moore is Zachary’s biological mother and Martinez said he and Moore were dating.

    Odessa Police officers originally responded to the couple’s residence at 1609 N. Lincoln Ave., after officials were called for a cardiac arrest case. According to an arrest affidavit, Moore and Martinez were also accused of causing multiple injuries on Zachary, including several bruises at various states of healing, burn marks from scalding and open sores.

    The couple was also accused of placing the child in hot water because he defecated on himself, the affidavit stated.

    Martinez’s mother, Evangelina Quezada, who was also charged with capital murder under the law of party in connection to the case, pleaded Wednesday to failure to report a felony. Quezada, who was arrested at the Ector County Detention Center while visiting her son on Aug. 7, received a 6-month sentence, the news release stated.

    Both pleas were made with the consent of the surviving family members and ensured Moore’s surviving children would not have to testify against her, the release stated.

    http://www.oaoa.com/news/crime_justi...a4bcf6878.html
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