Hearing for man facing rape and murder charges postponed again
22-year-old remains hospitalized following injuries from tear gas and police dog bite during three-hour standoff in Rio Arriba
A Rio Arriba County magistrate on Monday again postponed the first court appearance for a Hernández man accused of killing a neighbor in October while awaiting trial on nearly two dozen counts in a rape case.
An attorney for 22-year-old Kevin Martinez — who eluded Rio Arriba County sheriff ’s deputies for about three months before his arrest last week at a home in Española — told the court he was still being treated at a local hospital.
Martinez was injured by tear gas and bitten by a police dog during a three-hour standoff Wednesday at a home on El Llano Road, Rio Arriba County Sheriff’s Maj. Lorenzo Aguilar said.
He is accused of fatally shooting Elmer Sanchez Jr., 36, at a mobile home park in Hernández, a small community north of Española, while he was watching a dispute between Sanchez, his family members and other neighbors. Martinez was living with his grandmother at the mobile home park while he was on house arrest in connection with a 2020 rape case, in which he is accused of kidnapping a 14-year-old girl and holding her against her will for about two weeks.
Court records say Sanchez had suspected Martinez of wounding his dog with gunshot not long before a fatal shot was fired at Sanchez.
Another man initially was charged in Sanchez’s death before focus turned to Martinez in February. But Martinez managed to avoid arrest and continued to accumulate charges, including counts of burglary, aggravated assault on a peace officer and fleeing from law enforcement.
His public defender, Ramona Martinez, told the court Monday she had not yet been able to speak with him and that he was expected to be hospitalized another five to seven days.
Ramona Martinez is not related to Kevin Martinez. Magistrate Joseph Madrid said Monday it was his
understanding Kevin Martinez was in an intensive care unit and “he’s not getting out for awhile.”
Madrid initially was scheduled to hold a first appearance for Kevin Martinez on May 19, but the hearing was postponed and reset for Monday after the District Attorney’s Office filed a motion asking for more time to decide whether to seek a pretrial detention hearing to determine if Kevin Martinez should be held in custody until his trial.
A spokeswoman for the District Attorney’s Office said prosecutors planned to file a motion requesting a pretrial detention hearing. However, prosecutors had not yet filed the motion as of Monday, according to online court records.
After Martinez was charged with 23 counts in the rape and kidnapping case three years ago — including 18 counts of first-degree felony rape — Assistant District Attorney Ihsan Ahmed had filed a motion asking the court to hold Martinez without bond.
District Judge Jason Lidyard denied the request and released Martinez, ordering him to remain on 24-hour house arrested at his grandmother’s home until his trial, court records show.
Lidyard wrote in his order denying the request the state “did not show by clear and convincing evidence” Martinez was dangerous to the community as defined by state law.
Online court records show Rio Arriba County Magistrate Alexandra Naranjo signed an order Friday setting interim conditions of release in Martinez’s murder case that require the payment of a secured $250,000 bond.
Madrid asked Martinez’s attorney to let him know when Martinez is released from the hospital and said he would then reset the hearing.
Lidyard is scheduled to hold a status conference in Martinez’s rape case Friday.