A Chama man is facing four felony counts after breaking into a woman’s home in July and molesting her.
Thomas J. Martinez, 27, was indicted by a New Mexico grand jury in early September on single counts of kidnapping, attempted criminal sexual penetration, aggravated burglary, and assault with intent to commit a violent felony, according to court records.
Martinez, who declined to comment for this article, is scheduled to go on trial Jan. 7, 2013 in Tierra Amarilla.
The charges stem from an incident July 21, in which Martinez, who goes by the name Jimmy, allegedly entered the home of a 28-year-old Chama woman around 8:30 p.m. in search of her sister. When the woman told Martinez her sister wasn’t home, he allegedly attempted to kiss the woman and unbutton her pants while touching her breasts.
According to the State Police report, written by officer Lance Peper, the victim sent a Facebook message during the assault to a family member via telephone alerting the relation there was a man in her house trying to touch her.
The victim stated when she tried leaving the residence, Martinez grabbed her arm and pulled her back inside. She said this went on for about 10 minutes before he let her go.
Shortly thereafter, according to the report, the victim’s brother and Harold Ortiz, the boyfriend of the victim’s cousin, arrived at the residence as Martinez was leaving.
Ortiz said he asked Martinez to leave several times until Martinez became aggressive. Ortiz said he pushed Martinez to the ground, but Martinez got back up and began swinging at Ortiz and the victim’s brother. Martinez was then pepper-sprayed by another of the victim’s relatives who had arrived at the scene.
Ortiz held Martinez down until police arrived.
After placing Martinez under arrest, Peper noted the wooden frame to the back door of the victim’s residence was pushed in, suggesting Martinez had forced his way into the home.
Although the victim said she did not know Martinez, Martinez told Peper while en route to the Rio Arriba Detention Center that he knew the victim “from when they were kids and went to school together.”
Martinez also stated the victim wanted him, as she “was all up on his (penis) all night,” but didn’t elaborate. The victim said she was asleep when Martinez entered her home.