Posted: Saturday, Dec 19th, 2009
By JULIA WILSON
ALAMOSA — Police are calling the Dec. 17 deaths of Carmen Martinez, 49, and Tommy Martinez, 52, a murder/suicide. Their bodies were found Thursday afternoon in the office of an apartment complex at 2303 Vigil Way in Alamosa.
In a plea bargain in circuit court on Dec. 16, Tommy Martinez pled guilty to one charge of harassment, a class three misdemeanor. In exchange the charge of domestic violence was dropped, and the court granted a 12 month deferred sentence.
Martinez was assessed fines and costs of $78 to the victims assistance fund; $78 to the victim compensation fund; $35 court costs; $5 court security cash fund; $2.50 genetic testing surcharge; and $28 address confidentiality fund. A $200 misdemeanor fine was suspended.
In addition the court ordered Martinez to report to the probation office and comply with any conditions of probation that were imposed, to complete a domestic violence evaluation and take any recommended classes.
Martinez was also ordered to comply with a restraining order that had been imposed. Instead he went to Carmen’s place of work the next day, killed her and then killed himself.
The domestic violence charge was brought against Martinez on Nov. 10.
According to court papers, Alamosa Police Department officers were called to an apartment at 2315 Vigil Way that night because Tommy Martinez was threatening his wife with a gun.
Carmen Martinez told officers she and her husband had gone to a movie and had gotten into an argument when they returned home. Carmen said her husband would not let her leave the bedroom, blocking the doorway so she could not get out.
According to the officer’s report to the District Attorney’s Office, Carmen said that after about 10 minutes her husband allowed her to leave the bedroom and go downstairs.
She said she saw a gun in his waistband and became frightened, and managed to leave the house.
The couple’s adult daughter heard the argument and she also saw the gun, according to the report. When she asked her father about the gun he told her it was for hunting.
The daughter said she stayed with her father for a while, and he told her that “if he found out Carmen was cheating on him he would kill her.”
The daughter said she left and told Carmen what her father had said.
Tommy Martinez told officers that he and Carmen had been having marital problems and that he was going to leave her.
He told them that the gun belonged to a friend and that he had returned it already. When officers found a gun, a Smith and Wesson 32-20 caliber revolver, in the apartment on a closet shelf, Martinez said he didn’t tell them about the gun because he was afraid he would get into trouble.
The gun was taken by the officers and placed in evidence. Information on the gun used in the murder/suicide has not been released, nor has any information been released on whether the gun held in evidence was returned to Martinez after his plea bargain.
Martinez was arrested in November on three charges: Menacing, a class 5 felony because a gun was involved; false imprisonment, a class two misdemeanor; and domestic violence, listed just as a misdemeanor without a defining class number.
The District Attorney’s Office charged Martinez on two counts: One count of harassment, a class three misdemeanor; and one count of domestic violence, with no defining designation at all. In the plea bargain the count of domestic violence was dropped, leaving only the harassment charge.
Carmen and Tommy Martinez had been married 30 years, and had two children.
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