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Judge handles Martinez arraignment quickly

JIM ODONNELL

  Judge handles Martinez arraignment quickly
  
  By JIM ODONNELL
  Monitor Staff Writer
  
  John G Martinez, 41 of Los Alamos was arraigned Tuesday at Magistrate Court in Santa Fe on two counts of vehicular homicide and one count of driving with a revoked license.
  Martinez, a longtime em-ployee of Furr’s supermarket in Los Alamos, was driving his Ford Tempo east on North Mesa road Friday night when he struck two women and a child. Xuming Wu and Jingxuan Shi were pronounced dead later that night or at Los Alamos Medical Center. The child, 6-month-old Alfred Chen, is still hospitalized.
  As Martinez sat in the courtroom waiting for Judge Bill Dimas to enter and begin arraignment proceedings, he appeared to be calm and relaxed. He wore a standard issue Los Alamos Detention Center orange jumpsuit and plastic slippers. The bulletproof vest made a distinctive outline under his clothes. He remained bound at the wrists by handcuffs throughout the proceedings.
  As he waited his lips mouthed silent words. Whether he was muttering to himself or praying remains his secret. Occasionally he would speak in whispers to a handful of family members seated slightly behind him in a row of steel chairs.
  Martinez’s ex-wife, Karlene Martinez, who sat closest to him, was visibly trembling and wiping tears from her cheeks. Next to her was his sister-in law and brother, Rick Martinez of Los Alamos, who also were very somber. Three Los Alamos Police Department officers kept a watchful eye nearby. The courtroom became increasingly quiet as the scheduled time for arraignment came and went. Martinez asked one of the officers if he had the time.
  At 2:15 p.m., Dimas entered the courtroom and quickly went to work. After disposing of another inmate on the docket, his gaze rested on Martinez.
  "You are charged with one count of driving with a revoked license and two counts of vehicular homicide for the deaths of Xuming Wu, 40 and Jingxuan Shi, 36," Dimas said. Audible sobs were heard from family members.
  Dimas explained to Martinez that driving with a revoked license bears a penalty of not less than seven days in jail and a fine.
  "As for the charge of great bodily harm or death with a vehicle, each of these two counts is a 3rd degree felony and carries a maximum of three years in prison per count with an additional two years for each DUI committed within the last 10 years," the judge said. If convicted of vehicular homicide, the maximum prison sentence he could face is 10 years.
  According to a spokesman for the Motor Vehicle Department, Martinez has five convictions for DUI dating back to 1978. The first and second are dated Oct. 6 and Oct. 7, 1978, and the records are not clear on these two. Other convictions are dated Aug. 23, 1986, in Los Alamos; Dec. 16, 1989, in Santa Fe County; and March 17, 1992, in Los Alamos.
  Another charge in November 2000 in Jemez Springs was dismissed but upheld by MVD, which revoked Martinez’s license from January 2001 to January 2002.
  Dimas then asked Martinez if he had an attorney. Martinez replied, "I spoke with the Public Defender’s office this morning, but have not heard from them this afternoon."
  Judge Dimas replied, "I’ll enter a not guilty plea on your behalf."
  Martinez then mumbled something about the Supreme Court and Dimas simply acknowledged him. It was unclear whether or not the case is going to the Supreme Court.
  Martinez signed the court papers offered to him by the court clerk with difficulty because of the handcuffs. He then threw the pen on the table.
  As quickly as the arraignment began, it was over.
  "Your bail remains at $1 million, Dimas said. "Court is adjourned."
  The arraignment was held in Santa Fe Magistrate Court because Los Alamos Magistrate Judge Elaine Morris is on vacation.
  As Martinez was escorted out of the courtroom, he passed close by his brother, Rick. He turned to him and said , "Don’t worry. I’ll be all right."
  Outside of the courtroom, his brother responded to a reporter’s comments about the racial slurs by Martinez. He shot back, " Don’t turn this into a racial thing, He’s a nice guy if you get to know him."
  In a separate interview, Rick Hampton, the tow truck driver at RPM automotive who retrieved the car at the crime scene said, "I didn’t even know what happened until later. The car was not badly damaged. It only had a broken headlight and a few small dents or scratches. The police on the scene told me not to touch anything up front so I just put the pan under the wheels and towed it that way."
  John Martinez has three children, a son who attends Los Alamos High School, and a son and daughter who live in Albuquerque.
  
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