He Killed A14 Year Old Boy And Showed NO Remorse — Victim's Mom's Devastating Words Left Judge Angry

Added: 2026-05-17

[00:00:00]Um, I just want to tell you it took something meant a lot to me. My son's never going to know what it is to have a wife, to have kids, to drive a car, to have a job. I just want y'all to know y'all took a good kid. It wasn't a bad kid.

[00:00:17]Didn't do anything wrong. He's just standing in his dad's kitchen. I hope you learned your lesson from this. You know, like I'm sorry you having to go through this, but your family still gets to go see you and hold you and hug you. I'm that I have to go to the cemetery to celebrate my son's birthday to Christmas and don't destroy my life. Don't destroy.

[00:00:38]>> Court is calling 2018 CR4785C, State of Texas versus Juan Martinez. Can I have parties approaching announce for the record, please?

[00:00:55]Uh for the state, >> Bridget Garza and Melissa Christian for the defense, >> Mark McKay and Robert Patterson.

[00:01:03]>> Okay. And are you Juan Martinez?

[00:01:11]>> You entered into a plea agreement in this case on June 11th, 2021. According to the plea bargain agreement, uh the state proceeded on count two, punishment is be assessed at a cap of 25 years in the prison and there are no applications and of course you're not eligible for deferred adjudication or community supervision.

[00:01:34]Have both parties had a chance to review the PSI report? State?

[00:01:37]>> Yes, sir.

[00:01:38]>> Defense.

[00:01:40]>> Um no, but I've been waiting on the judge.

[00:01:43]>> Right. All right. Uh state, do you have any witnesses?

[00:01:48]Judge, we just have to ask the court to take judicial notice of the file and of the stipulations that were entered on the date that the plea was taken.

[00:01:55]>> Right. And for the record, the court has uh reviewed those stipulations again as I do before each uh sentencing. I review everything that's in the um court's file and also I review the PSI report.

[00:02:08]Defense, any witnesses?

[00:02:10]>> Oh, we do, judge. Um >> call your first witness.

[00:02:13]>> Just verify that's our witness.

[00:02:15]>> Sure.

[00:02:16]>> Okay. And just for clarification, um it's my understanding that it's a half of 25. Is that what you said?

[00:02:22]>> Yes, it's a cap of 25 years. You're welcome.

[00:02:25]>> She's here.

[00:02:26]>> We would call Jasmine Lir.

[00:02:33]>> All right. Jasine Lair, would you raise your right hand for me, please? Do you solemnly swear affirm the testimony you give will be the truth and nothing but the truth? So, hope you got it.

[00:02:43]>> Yes.

[00:02:44]>> All right. you can approach and if you could state your name. All right, then that's okay. If you could state your name for the record and spell it, please.

[00:02:51]>> Jasmine J A M I E L A N I defense.

[00:02:58]>> Thank you for showing up. We appreciate that. Can you please state uh what position you hold here county?

[00:03:04]>> Yes, sir. I'm with pre-trial certificate the GPS section. Um I supervise him on his GPS.

[00:03:10]>> And what does that entail?

[00:03:12]It's the global positioning solic >> he is on full house arrest. So the only places you can go is court any attorney appointments or any appointment.

[00:03:25]>> And how long have you supervised him?

[00:03:26]>> Me myself uh just for the last year but you have been on for I believe three years.

[00:03:32]>> Okay. And prior to you um you had an opportunity to review his record right?

[00:03:38]>> Yes.

[00:03:38]>> Okay. And you are aware that there were several other uh individuals monitoring them.

[00:03:44]>> Yes, sir.

[00:03:45]>> And I asked you before court if you had the opportunity to review the whole record. Is that correct?

[00:03:50]>> Yes, sir.

[00:03:50]>> And in the uh I believe it's a little over three years, has Mr. Martinez had any violations?

[00:03:56]>> No violations.

[00:03:57]>> Okay. And is that common?

[00:04:02]>> And I think the court might be aware of that as well too. Uh also as part of your position uh with the pre-trial services uh is it your job or responsibility to uh require defendants to provide drug specimens?

[00:04:18]>> Yes.

[00:04:18]>> Okay. And so what do you do if you can tell the court really quick?

[00:04:22]>> Um so he was I I believe under weekly drug and alcohol testing. Um he did do it weekly. Um however once CO hit it did change. Um, so of course while we were under lockdown, he didn't do it, but once things got back to normal, I did bring them in. He's been negative for each and every test.

[00:04:39]>> So throughout the three three plus years, you also had the opportunity to review the other officers and what their remarks were and and violations if there were any correct?

[00:04:49]>> Yes.

[00:04:50]>> In any of his file, Mr. Martinez's file, were there any positive drug tests in the 30 plus years?

[00:04:56]>> No, sir.

[00:04:57]>> Okay. Would you consider Mr. Martine is a model GPS person.

[00:05:02]>> Yes.

[00:05:02]>> Okay. Has he always treated you with respect?

[00:05:05]>> Yeah.

[00:05:16]>> State.

[00:05:18]>> Good. Good afternoon, ma'am. Uh when you say you reviewed his records, that's just the monitoring records, correct?

[00:05:24]>> Yes. His pre-trial supervision for the three years.

[00:05:26]>> So, you haven't reviewed his criminal history? No.

[00:05:29]>> Okay. Are you aware that he's charged with capital murder? Yes.

[00:05:31]>> And are you aware that that involves the death of a 14-year-old child?

[00:05:35]>> Yes.

[00:05:35]>> Okay. And you're not here to make any recommendation to this court with regard to his sentencing today?

[00:05:40]>> Correct.

[00:05:43]>> Well, pastor, thank you. Thank you very much. I appreciate it.

[00:05:47]>> All right. Is this witness excused?

[00:05:48]>> She is judge.

[00:05:49]>> All right. Thank you. You're excused.

[00:05:51]Thank you.

[00:05:58]Police Court will call Jasmine Hernandez.

[00:06:00]>> All right. Jasmine Hernandez.

[00:06:10]>> Can you raise your right hand for me, please?

[00:06:13]Do you solemnly swear affirm the testimony you give will be the truth and nothing but truth to help you God?

[00:06:18]>> Yes, ma'am.

[00:06:18]>> All right. Just make sure you speak up.

[00:06:20]Uh, state your name for the record and spell it, please. Uh, Jasmine, pronoun is J A S M I N H E R N A N D E >> Defense.

[00:06:30]>> Jasmine, how long have you lived in San Antonio?

[00:06:32]>> Uh, all my life.

[00:06:34]>> And how old were you when you first met Juan?

[00:06:39]>> 13.

[00:06:40]>> 13.

[00:06:41]>> Yes.

[00:06:41]>> And how old are you now?

[00:06:42]>> I am 23.

[00:06:44]>> So, you've known him more than 10 years.

[00:06:47]>> Yes, I have.

[00:06:48]>> Okay. And uh is is Juan now living with you?

[00:06:53]>> Yes.

[00:06:55]>> How long has that been?

[00:06:57]>> Uh a little bit a year and like a couple a week.

[00:07:02]>> Okay. So, who else is in your house?

[00:07:05]>> Me and my two children and one.

[00:07:08]>> And how old are your two children?

[00:07:10]>> Uh six and seven.

[00:07:12]>> So, uh what uh what do you know about Juan's criminal history?

[00:07:18]I know what he tells me like what's going on and everything like that.

[00:07:24]>> Okay. So, are you aware that he's been charged and takes a plea on a capital murder case?

[00:07:31]>> Yes, I have.

[00:07:32]>> And are you aware that two people died as a result of the criminal activities?

[00:07:40]>> Yes, I have.

[00:07:41]>> Okay. And do do you know the ages of those folks?

[00:07:44]>> Uh, I yes, I do. One is 14 and the other one it's a little bit older like something or something like that.

[00:07:53]>> Okay. So, uh can you explain to the court why you allow Juan to live in your home?

[00:08:02]>> Oh, because I trust him. Uh I been knowing him. I know that he's a great guy. Like we've been talking throughout these 10 years. So, I trusted him to come into my life like that.

[00:08:17]Have you ever known Juan used any uh heavy drugs?

[00:08:21]>> No.

[00:08:23]>> How about marijuana?

[00:08:24]>> Uh yes, when we were younger.

[00:08:28]>> Has he used marijuana in your presence since you have moved into it?

[00:08:33]>> No.

[00:08:34]>> Any alcohol?

[00:08:35]>> No.

[00:08:37]>> Uh the uh So, what does Juan do in your home uh for this past week? What has he been doing? Uh, he helps me get up in the mornings and wake up for the kids to school because I'm bad at waking up early. He helps me with their homework.

[00:08:53]Uh, he helps me like learn teach them how to do like chores and stuff like that because they're at their age where they're like all over the place. So, >> does he do chores in your home?

[00:09:06]>> Yes.

[00:09:07]>> Does he wash dishes?

[00:09:09]>> Yes.

[00:09:09]>> Does he do laundry?

[00:09:11]>> Yes, on Sundays.

[00:09:12]>> Does he clean?

[00:09:14]>> Yes.

[00:09:15]Does he insist that the children do chore?

[00:09:18]>> Yes.

[00:09:20]Yes.

[00:09:21]>> Do you consider him to be a a a good figure for the children?

[00:09:26]>> Yes.

[00:09:26]>> Okay. Are the children aware of this criminal history?

[00:09:29]>> Uh no.

[00:09:30]>> Okay. The uh what type of uh activities does one do with your children? Uh, we go to the bar that's right there outside of our apartment complex or we do homework or we play board games or watch a movie. We have like a little movie night in the living room and stuff like that.

[00:09:51]>> Okay. Uh, has uh have you ever observed one instructing your children in any activity that you consider to be negative?

[00:10:01]>> No.

[00:10:04]>> Your honor, I'll pass it.

[00:10:06]state.

[00:10:08]>> Ma'am, would you consider someone uh that has killed a 14-year-old child a great guy and a good figure for your children?

[00:10:18]>> Uh, I don't understand.

[00:10:22]>> Well, you said he's a great guy, right?

[00:10:23]>> Yeah.

[00:10:23]>> Okay. But, you know, he's he's taken responsibility for killing a 14-year-old child.

[00:10:27]>> Yeah.

[00:10:28]>> Okay. So, he's not a great guy when it comes to the fact that he's already plead guilty to the killing of a 14-year-old child.

[00:10:38]>> I >> You think he's a great guy anyway?

[00:10:40]>> Uh, yeah.

[00:10:41]>> Okay. Even though he's here about to be sentenced for a capital murder case.

[00:10:47]>> Okay. And you still think he's a good figure for your children? Even though he's here about to be sentenced on a capital murder case over the death of a 14-year-old child?

[00:10:56]I don't know how to answer that.

[00:10:58]>> I'm sure that's true. Thank you, judge.

[00:11:01]>> No further question.

[00:11:02]>> Is this witness excused?

[00:11:04]>> Yes.

[00:11:04]>> All right. Thank you for coming in.

[00:11:06]>> Call your next witness. Your >> honor, we call Rachel Perez, please.

[00:11:09]>> All right. Rachel Perez.

[00:11:19]You raise your right hand for me. You solemnly swear affirm the testimony you give will be the truth and nothing but the truth. I hope you got it.

[00:11:25]>> All right. You have four. Uh, state your name for the record and please spell it.

[00:11:28]>> Rachel Pettis. R C H E L P E R E Z.

[00:11:34]>> Defense.

[00:11:35]>> Um, yes, ma'am. Can you state your relationship with Juan Martins and his mother?

[00:11:39]>> Okay. And that's biological mother, correct?

[00:11:43]>> Okay. Uh, I'd like to get in a little bit about some some background or history of Juan. Uh, growing up, what type of stability did we have in their home?

[00:11:55]>> Okay. Explain to court what you mean by not um abuse.

[00:12:09]Our finances weren't good. So your home's home.

[00:12:14]>> At any time did you ever live out of car?

[00:12:17]>> Yes.

[00:12:18]>> How many uh siblings does one have?

[00:12:20]>> Two.

[00:12:21]>> Okay. And can you tell the court their age?

[00:12:25]>> No. Their age is 18 and 22.

[00:12:29]>> Okay. And just very briefly about the one's father's uh death. How how did that occur?

[00:12:39]oldest one at that time.

[00:12:42]>> And how did that affect one?

[00:12:49]>> It's a big impact on on >> Now I'm going to move this forward a little bit. Um immediately prior to the offense date, uh you would in fact not you were not living in the house, correct?

[00:13:05]>> No.

[00:13:06]>> Okay. Where were you?

[00:13:07]>> Rehab.

[00:13:08]>> Okay. What type of rehab?

[00:13:10]>> And for what type of drug were you gi?

[00:13:14]>> Okay. So, you went to rehab approximately when did you get out in in connection with this?

[00:13:20]>> I had just recently got out like a week or two before.

[00:13:25]>> While you were in rehab, who took care of the kids?

[00:13:28]>> My son.

[00:13:30]>> And how did you take care of those kids?

[00:13:32]>> Um, he went to work. Um yeah to make sure that they were okay that >> okay did he also uh supervise them?

[00:13:42]>> Yeah.

[00:13:43]>> Okay. Where was he working at at that time?

[00:13:45]>> Was it full time or part?

[00:13:47]>> Full time.

[00:13:48]>> Okay. Now the day uh that this this incident occurred. Uh where had you and your son been immediately prior to it?

[00:13:57]>> See my dad in hospital.

[00:13:59]>> Okay. What was wrong with you then?

[00:14:01]>> Um it's kind of a home. He was dying.

[00:14:05]>> Okay.

[00:14:06]>> Did he survive? Did he ever leave the hospital?

[00:14:08]>> No, he passed away.

[00:14:09]>> And what was the purpose of you and gone visiting him?

[00:14:12]>> Um, not only was he my dad, but after his dad was killed, he was a father to my kid as well.

[00:14:19]>> Um, and then after that occurred, did we still maintain employment?

[00:14:23]>> Yes.

[00:14:25]>> Now, I'm moving to the date. So, you got out of rehab immediately prior to this, correct?

[00:14:30]>> Yes.

[00:14:31]>> Okay. And you remember the date of this incident?

[00:14:35]Not not physical date. I mean uh you remember the day it happened. You're familiar with it. You remember it?

[00:14:40]>> Yeah.

[00:14:41]>> Okay. And a couple of things I have mentioned to you on multiple times and I visited with my uh with uh Juan about parties and their responsibility and liability. If one person does something that basically everybody can hold be held responsible.

[00:14:58]Yes.

[00:14:59]>> Okay. And you were there when this event occurred, correct?

[00:15:02]>> Yes, sir.

[00:15:03]>> And were you in fact um how many people were there that day?

[00:15:08]>> There at my home?

[00:15:09]>> Yeah. Just the the other individuals involved in this?

[00:15:13]>> Three.

[00:15:13]>> Okay. And who were those people?

[00:15:16]>> Montenius, Riches, and one.

[00:15:20]>> Okay. And all three of them were charged with capital murder, correct?

[00:15:22]>> Yes.

[00:15:23]>> Okay. When the shooting began, um, where was one?

[00:15:30]>> He threw me to the ground.

[00:15:32]>> Did you ever see him fire a weapon that day?

[00:15:36]>> No, sir.

[00:15:38]>> Who would the individuals involved that were shooting?

[00:15:41]>> I see Anthony Montes and I'm 14.

[00:15:45]>> Okay. And uh, what relationship is is Andreas?

[00:15:49]>> My nephew.

[00:15:50]>> Okay. And are you aware of the plea bargain that he's worked out in his case?

[00:15:56]>> And what what number of years is he?

[00:15:59]>> Okay.

[00:16:00]>> And you're aware that our case right here involves a cap of 25. Correct? Yes, sir.

[00:16:05]>> Uh do you believe that it's just that your son received something less than 23?

[00:16:11]>> Yes.

[00:16:12]>> Okay. And um I talked to you about a number of 20 at one time. Yes, sir.

[00:16:17]>> Okay. Um, let me assume >> pass.

[00:16:30]>> We have nothing, Judge.

[00:16:31]>> Thank you.

[00:16:33]>> I'll call your next witness.

[00:16:34]>> Nothing further.

[00:16:36]>> All right. The court will hear argument uh state. Judge, we're um at this time we're asking the court, as we did earlier, to take uh notice of everything that's in the stipulations and everything that's in the court's file.

[00:16:48]The court well knows that this involves the death of a 14-year-old child that was simply watching TV in his upstairs bedroom and the death of an elderly individual who got lost in his car. And uh we are asking the court for justice today for the families who are here. And uh we're asking the court to um sentence Mr. Martinez to the 25 years.

[00:17:10]>> All right. Defense.

[00:17:12]>> Yes, judge. On behalf of Mr. Martinez, um throughout his representation, I've explained to him about responsibility on in this matter, and he does accept full responsibility for being a part of being involved in this activity. He has always been steadfast that he did not uh fire any fire that day and that it was the other two individuals. As part of our plea agreement, he has agreed to testify against either or both. But it appears that uh Andres Martinez has worked out a plea in his case, assenting representing him, I believe. And that plea is for 23 years.

[00:17:49]>> 22 years.

[00:17:50]>> 22 years, sorry. Um and we would ask the court to consider the responsibility here. Everybody's responsible. There's no question about it. But the responsibility for Mr. Martinez should be less than an individual who's actually shooting the gun. His mother testified that she never saw him fire a gun that day. That doesn't mean he's not responsible. He is. But we're asking the court to uh to place his case in comparison to to uh uh Andre Andres's case. Uh we would ask the court to consider 20 years on this case. Uh I realize the cap is 25. We had asked the court to uh accept or or sentence Mr. marking as one for his responsibility.

[00:18:38]Um, oh, and pardon me. Uh, an additional thing since it's been out of um out on bond and I think Miss um Miss Laneir testified up here. She's a neutral party. She has nothing to gain in the states or lose, but she demonstrates in the field that uh Juan Martinez has basically been a model individual funal GPS monitor. He's had zero infractions and that's in a little over three years and additionally he's been drug tested and he's never come up positive. I think those show um very good traits that the court can consider. So with that we would ask the court to consider 20 years.

[00:19:32]>> All right. Anything you wish to say Mr. Martinez.

[00:19:45]>> If you do wish to say something, I'll place you on the oath and you'll be subject to crossexamination.

[00:19:50]>> Yes, judge. He does want to say one.

[00:19:52]>> All right. Can you raise your right hand for me? Do you solemnly swear affirm the testimony you give will be the truth and nothing but the truth. will help you going.

[00:19:58]>> All right, you can lower your hands.

[00:19:59]State your name for the record, please.

[00:20:00]>> Juan Martinez.

[00:20:03]>> I wanted to say that uh I do accept full responsibility for my actions and I want to say sorry to everybody that I hurt in the situation.

[00:20:17]>> Any questions?

[00:20:18]>> No.

[00:20:19]>> State any questions?

[00:20:21]>> No, your honor. All right. Thank you.

[00:20:25]All right. Um, this is what the court will do. Court will sentence you to 24 years in the prison. Give you credit for any time served.

[00:20:36]I'm going to show you what's entitled trial court certification of defendants rights to appeal. Did you review that document with your attorney? Did you understand it? And did you uh sign it?

[00:20:46]>> Yes, ma'am.

[00:20:47]>> Because this is a plea bargain agreement. Because I followed your plea bargain agreement and because you wave your right to appeal, you do not have the court's permission to appeal. Do you understand?

[00:20:54]>> Yes, ma'am. And because this is a felony conviction, you're not allowed to own or possess any weapons or ammunition. Do you understand?

[00:21:00]>> All right, we can go off the record. Mr. Martinez, I want to let you know I did take into consideration um the co-acctors in this offense, but and I know when young people get sentenced to prison, they think it's the end of the world. It's not the end of the world. You still have your life ahead of you, but somebody else is is dead. I did internalize everything that your witnesses came to see. It would be nice if people would behave the way they should behave before they do something wrong. You understand?

[00:21:31]>> No.

[00:21:32]>> All right. Is there any victim impact?

[00:21:34]There is, judge.

[00:21:40]>> All right. Uh, come forward, please.

[00:21:45]All right. And Mr. Martinez, um, she's going to speak to you. I always tell people to internalize it and everyone here treats everyone with respect. You may proceed.

[00:21:55]>> I'm Angel's mother. Um I just want to tell you it took something meant a lot to me. My son's never going to know what it is to have a wife, to have kids, to drive a car, to have a job. I just want y'all to know y'all took a good kid. Didn't do anything wrong. He's just standing in his dad's kitchen. I hope you learned your lesson from this. you know, like I'm sorry you having to go through this, but your family still gets to go see you and hold you and hug you. I'm I have to go to the cemetery to celebrate my son's birthday to Christmas. And y'all destroyed my life. Y'all destroyed my family's life, my kids. My I have grandkids, 12 grandkids that will never get to know their uncle. He'll never get to experience none of that. None of that. That's all I have to say.

[00:22:46]>> Right. Thank you.

[00:22:48]Is there any uh what else state or you're done?

[00:22:53]>> All right. Thank you.