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Simon Martinez, 26, pleaded not guilty to 2nd-degree murder, unlawful use of a firearm, and recklessly endangering

COURTESY PHOTO - Simon MartinezSimon Martinez, a 26-year-old Madras man, is pleaded not guilty to three charges related to a shooting near 97 Mart in Madras.

Martinez is charged with second-degree attempted murder, a Measure 11 felony, unlawful use of a firearm and recklessly endangering another person. He entered the pleas in Jefferson County Circuit Court Thursday, July 9.

Around 6:45 p.m. June 17, a Madras Police officer and a Jefferson County Sheriff's deputy responded to a report of gunshots near 97 Mart on Highway 97, according to a probable cause affidavit filed by police with the Jefferson County Circuit Court.

Several witnesses told police they heard shots and saw a green Ford F-150 pickup and a white Subaru Legacy at the scene, the affidavit said. One said she saw the driver of the Subaru point a gun.

The pickup later returned to the scene, and a witness took a picture of its license plate. Police identified the victim and suspected Martinez.

"Mr. Martinez had previously been ran over by a vehicle in a prior investigation, where he would not cooperate and give a statement," police wrote. The suspect in that case was Martinez's alleged victim.

Police went to the alleged victim's home and saw several bullet holes in the driver's side of the pickup, primarly in the front fender area. The passenger side window was shattered, according to the affidavit.

The alleged victim was not home, but his father was. His father said his son had gone to an appointment. He came home and said Martinez had shot at him.

The police asked the alleged victim's father if the incident had to do with Martinez being run over.

The father said, "I don't know, what I heard, I just heard a little bit about, uh, he was trying to beat my son one day through the window. He was trying to beat him and my son pushed the car, the gas" and took off.

Police then asked the alleged victim's father to call his son. He did and then said "his son would not be coming back to the residence to meet with law enforcment," the affidavit said.

In the meantime, the sheriff's office contacted the alleged victim about a different call. They let the Madras Police know, and an officer went and interviewed him.

The alleged victim told police the shell casings, which they had not found at the scene, were on Jefferson Street at the intersection of Highway 97 and the stop sign there. The officer found six .45-caliber casings.

The alleged victim told police that when the shooting took place, he was intoxicated and was driving near Jefferson Street and Highway 97. He said the other vehicle was stopped at the stop sign. He first told police that he didn't know who shot at him, but the person shot four times. At that point, "his window broke, he ducked down, slammed on the gas and 'went into 97 Mart,'" the affidavit said.

Later, he told police the shooter was Martinez, and they had been in a fist fight about three months prior, the affidavit said. "He told me they went to school together and didn't have problems then but that the problems are over money things and a television he had sold."

About 3 p.m. June 18, Madras Police learned that Martinez was at Erickson's Thriftway. He was in the back seat of a relative's vehicle there.

Police arrested him and then got permission from the owner to search the vehicle, where they found a handgun round where Martinez had been sitting, according to the affidavit.

Jefferson County Deputy District Attorney Sarah Lundstedt sent a notice to Martinez's attorney, Marcus Oatman, saying that the state will pursue an increased sentence because of several factors. Lundstedt allged that Martinez has "persistent involvement in similar offenses," was on parole or probation, must be incarcerated for the public's safety, "has demonstrated disregard for laws and rules, making successful probation unlikely." She said prior sanctions haven't deterred Martinez and he has shown a lack of remorse.

In January, Martinez pleaded guilty to first-degree theft. A charge of felon in possession of a firearm was dismissed.

In 2017, he pleaded guilty to methamphetamine possession.

As of Monday, July 13, Martinez was being held in the Jefferson County Correctional Facility on $250,000 security.


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