Gilberto Martinez was sentenced to death by the State of Arizona for the murder of Vern Jark
According to court documents Gilberto Martinez and an accomplice would break into a home where they were force the occupants into a room and ultimately they would murder Vern Jark
Gilberto Martinez would be arrested, convicted and sentenced to death
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GILBERT MARTINEZ 179269
PO Box 3400
Florence, AZ 85132
United States
Gilberto Martinez Case
On March 31, 2006, Betty L.’s daughters, Karen B. and Colleen J., and their husbands, Forest B. and Vern J., were visiting Betty and her husband, Laurel L., at their home in Sun City.1 Martinez and Robert Arbolida watched the home, planning to burglarize it. They left to get a gun, returning to the house after its six occupants had gone to bed.
¶ 3 Martinez broke a patio door at the back of the house, went inside, and let Arbolida in through the kitchen door. Hearing a loud noise, Betty and Laurel went to investigate. In the hallway, they encountered the two intruders, who were wearing masks and gloves. Martinez and Arbolida pushed Betty and Laurel into the room where Karen and Forest were staying. Martinez threatened them, yelling profanities and telling them to cooperate or he would kill them. When Laurel moved too slowly because of his age and asthma, Martinez became frustrated and pushed him. When Forest attempted to help Laurel, Martinez pistol-whipped Forest, permanently injuring his eye. Martinez then directed Arbolida to bind the four victims with zip ties. Apparently having seen a third woman earlier when casing the house, Martinez said to Arbolida, “Let’s go find the other bitch.”
¶ 4 Colleen and Vern heard the commotion and Martinez’s statement from their bedroom. Vern pushed Colleen into the closet and closed the door. Vern, weaponless, went to the bedroom door to stand between his wife and the intruders.
¶ 5 Martinez met Vern in the hallway, a scuffle ensued, and Martinez fatally shot Vern. Martinez and Arbolida then fled with various items belonging to the victims. They went to Martinez’s sister’s house, where they cleaned blood off themselves and divided the stolen property.
¶ 6 Martinez was later arrested and indicted on twenty-three counts, including felony murder, stemming from this burglary and six other burglaries and robberies in the same area. The State sought the death penalty, alleging two aggravating circumstances: Martinez previously had been convicted of a serious offense, A.R.S. § 13–751(F)(2), and had committed the murder for pecuniary gain, § 13–751(F)(5).
¶ 7 The trial court severed the charges by occurrence and, after the State dismissed charges related to one of the burglaries, ordered six separate trials. Martinez was acquitted on one burglary (“the Krusenstjerna burglary”), but found guilty on all other charges.
¶ 8 The jury in this case found Martinez guilty of eleven charges, including felony murder, relating to the burglary of Betty and Laurel’s home. The jury then found both alleged aggravating circumstances proven beyond a reasonable doubt. It also found that Martinez actually killed Vern and was a major participant in his murder. The jury, however, hung in the penalty phase, and the trial court declared a mistrial.
9 Following a second penalty-phase trial, a new jury determined Martinez should be sentenced to death. The court also sentenced him to 124 years’ imprisonment on the non-capital charges.
https://caselaw.findlaw.com/court/az-supreme-court/1609580.html
