Martinez sentenced in assault


Dawson County Court Judge Jeff Wightman sentenced David Martinez to five days in jail Tuesday.

Martinez was involved in a physical altercation at his home with Gregory Franco on December 28th. During that altercation, Navor Milan stabbed and killed Douglas Matzar, according to police. Martinez and Franco were both charged with third-degree assault in the incident.

Wightman noted the unusual circumstances surrounding the fight prior to handing down sentencing. Though the fight resulted in a death, Wightman pointed out that authorities say there is no indication that Martinez's actions in any way led to the death, and that Martinez was unaware Milan had a knife and intended to use it.

Martinez's attorney, P. Stephen Potter, was appearing in court with his client for the first time. Potter admitted Martinez doesn't have a good criminal record, but asked Wightman to issue a sentence based on the facts of the case. Potter said it was a fight by mutual consent with no aggravating circumstances on Martinez's part. Potter asked that his client be fined. Prosecutor Liz Waterman asked Wightman to follow the pre-sentence investigation's recommendation and issue a jail sentence.

Wightman said Martinez's record, which includes prior assaults, and his lack of cooperation with the probation office during the pre-sentence investigation meant he couldn't simply fine Martinez or put him on probation. However, the judge said the facts of the case didn't warrant a lengthy jail sentence. After sentencing Martinez to five days in jail, Wightman ordered him to report no later than 5 p.m. on Friday, February 28th.

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