A Chimayó man is facing new criminal charges less than two months after prosecutors offered him leniency in exchange for testimony in a burglary and arson investigation, according to a police report and court documents.
Steven Martinez, 21, allegedly stole a Toyota Tundra July 27 at the Park and Ride lot in Española, then took the truck to Wal-Mart where he loaded it with a flat-screen television and a microwave stolen from the store, a police report states.
The truck’s owner, Sharon Velarde, reported the truck missing while police were already investigating an anonymous tip about someone selling stolen goods from a stolen truck.
Martinez eventually abandoned the truck and was arrested two days after the theft on charges of receiving or transferring a stolen motor vehicle and two counts of property damage, Española Police Sgt. Christian Lopez said. Martinez was suspected of the thefts because he was captured on a Wal-Mart surveillance video and seen by officer Danny Pacheco getting out of the truck.
Martinez was supposed to be on electronic monitoring at the time because he was serving supervised probation after pleading guilty to three counts of burglary in May. In June, a warrant was issued for his arrest because he violated conditions of electronic monitoring, according to an online court records database.
Assistant District Attorney Anthony Rivera said he had no information about this violation. Rivera also said he didn’t know how much time Martinez was sentenced to, but said he was required to live at a particular residence, stay on electronic monitoring, undergo twice-week urinalysis and attend outpatient treatment at Victory Outreach, a drug and alcohol rehabilitation center, in Las Cruces.
Martinez was released from jail Aug. 10 based on a state statute that requires a defendant who is not indicted within 10 days of his arrest to be released from jail unless prosecutors enter a special motion keeping him in custody. But he was re-arrested Aug. 21 and taken into Santa Fe County Jail on a probation violation charge, according to the jail web site.
Rivera said he hadn’t heard about Steven Martinez’s latest charge yet, but because he handled the arson and burglary case, it would be directed to him eventually.
Martinez pleaded guilty in May to five fewer charges than his alleged accomplices in exchange for agreeing to testify against them, Rivera said. Martinez allegedly participated in three burglaries that occurred between April 3 and 24 in Chimayó and two in which the culprits allegedly attempted to burn down the homes they had robbed.
Martinez had originally been arrested by State Police April 24 on charges of being a felon with a handgun, two counts of aggravated burglary, two counts of larceny and three counts of impersonating a police officer. Martinez’s prior felony conviction was a guilty plea to trafficking a controlled substance in 2008.
Rivera’s two alleged accomplices — Julian Martinez, 21, of Española, and Kenneth Wheeler, 21, of Santa Cruz — are facing two counts of burglary (for the second and third burglaries), two counts of conspiracy, arson, two counts of larceny and theft of a credit card.
Steven Martinez told police he served as a lookout April 3 while Martinez and Wheeler entered a Chimayó trailer owned by Juan Vigil and stole a computer, camera, camcorder, video game console, blank checks and jewelry. Vodka was used as an accelerant to set the home ablaze, ultimately killing Vigil’s dog.
Steven Martinez claimed he again acted as a lookout April 17 as Julian Martinez and Wheeler allegedly broke into the Chimayó home of Mary Eastman and stole blank checks before setting the place on fire.
Steven Martinez also claimed the other two were involved in the April 24 incident, which led to his arrest, although he was the only one found at the scene. After a Chimayó couple discovered their trailer had been ransacked, they spotted Steven Martinez nearby, outside a relative’s trailer, carrying a badge and a gun. Martinez allegedly stole prescription medication, a flat-screen TV and jewelry from the home and stashed them nearby, where they were later found.
Steven Martinez told police in April he was an Oxycontin addict and agreed to participate in each of the three crimes in exchange for about $100 worth of the drug.
Julian Martinez is out of custody pending trial and Kenneth Wheeler is still being held in jail on $50,000 cash, according to the according to the Santa Fe County Jail web site. Rivera said the District Attorney’s office has until January 2010 to try the two and has no intention of making a deal with them.