Thread: Children killed day before restraining order was issued

Children killed day before restraining order was issued

Irving: Suspect in critical condition, could face death penalty


06:13 PM CST on Monday, March 5, 2007

By SERGIO CHAPA / Al Día and BRANDON FORMBY / The Dallas Morning News
schapa@aldiatx.com and bformby@dallasnews.com

IRVING – Elia Martinez-Bermudez's boyfriend threatened to kill her, their children and then himself if she ever left him, the Irving woman said in an affidavit she filed for a protective order against him in Dallas County on Friday.

By the time a district court judge granted the temporary restraining order Monday morning, the couple's children were already dead.

Police said that Hector Medina shot 3-year-old Javier and 8-month-old Diana on Sunday at a home in the 3100 block of Roanoke Drive before he turned the gun on himself, less than a week after Ms. Martinez-Bermudez ended their five-year relationship.

Javier and Diana were taken Sunday to Children’s Medical Center Dallas. Diana died Sunday night. Javier died Monday morning. Mr. Medina was listed in critical condition Monday at Parkland Memorial Hospital Monday. Police said he is facing charges of capital murder and could face the death penalty if convicted.

In court papers filed Friday, Ms. Martinez-Bermudez said that she had left Mr. Medina earlier that week.

"I am afraid for my safety due to Hector's unpredictable behavior and past threats to harm me and my children," Ms. Martinez-Bermudez said in a sworn affidavit.

On Monday, Irving police said they were still investigating the events that led up to Sunday’s shootings. Officer David Tull said that although investigators were aware the couple had had problems, they saw nothing that would lead to such violence.

"The marital problems they've been having, from what we've gathered, are not major," Officer Tull said.

Neighbor Gerardo Estrada said he'd sometimes say hello to the residents of the house, but he didn't know them. He said there have been no problems in the neighborhood since he’s lived there.

"It's quiet," said Mr. Estrada, who recently moved into the neighborhood from Pleasant Grove. "Simple. Nice."

But in the court documents, Ms. Martinez-Bermudez described the relationship as riddled with a series of sexual and physical assaults and threats.

"In the past, Hector has grabbed me, thrown me, pulled my hair and pinned me down and forced me to have sex with him numerous times," she said.

According to the papers, Mr. Medina told Ms. Martinez-Bermudez that if she tried to tell police they would not believe her and that if she tried to leave him, "he would kill me and both our children and then himself."

Irving police did return phone calls Monday afternoon after The Dallas Morning News obtained copies of Ms. Martinez-Bermudez's affidavit. Ms. Martinez-Bermudez could not be reached for comment.

Police said they were previously called to the home the couple shared with another family last week, but an offense report was not filed, indicating no crimes had been committed. In her affidavit, Ms. Martinez-Bermudez indicated that the next day Mr. Medina assaulted her because she had refused to have sex with him.

"He told me since I had called the police the day before for him destroying my belongings and the police had not been able to help me, they would give me a ticket for bothering them so much," she said. "Hector stated since I did not have any bruising they would not believe me. I believed Hector, so I did not call for help."

Police tape surrounded the home Monday and blood could be seen on the front sidewalk. A tricycle, child’s bicycle and Spider-Man scooter were outside. Neighbor Salvador Ramirez said that about 5 p.m. Sunday he saw Mr. Medina in the front yard with Diana on his knee. Later that day, he heard gunshots and ran to the home to find Mr. Medina on the sidewalk, bleeding from his neck.

Meanwhile, the children were inside suffering from their own gunshot wounds. Mr. Ramirez said Ms. Martinez-Bermudez returned home after police arrived. According to police and neighbors, Ms. Martinez-Bermudez was running errands when the shootings took place. It was unclear if she knew that Mr. Medina was with the children.

Mr. Ramirez said police did not enter the house to check on the children until he and his wife insisted through a Spanish-speaking officer.

In her affidavit, Ms. Martinez-Bermudez said she was afraid how Mr. Medina would react to her decision to leave him.

"I believe his violence against me will continue and escalate if I do not receive protection," she said.

http://www.wfaa.com/sharedcontent/dws/n ... 6620a.html

I am e-mailing the reporter to see if I can get a confirmation of the immigration status of all involved.