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Fri, Sep 21, 2007
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Martinez gets maximum sentence

Rigo Verto Guillen-Martinez stands up during a court recess during his sentencing Thursday.Photo by Jon C. Lakey, Salisbury Post.
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Man convicted of second-degree murder in fatal crash will serve at least 23 years

By Shavonne Potts

Salisbury Post

A judge granted the pleas of a family and sentenced a man to 30 years for killing a young pregnant mother in a crash earlier this year.

Judge John L. Holshouser Jr. sentenced Rigo Verto Guillen-Martinez Thursday in Superior Court for causing the head-on collision that killed Leeanna Newman and her unborn baby in a February crash. Newman's family, including her aunts and husband, Brad, spoke at Thursday's sentencing hearing, asking Holshouser to give him the maximum allowable sentence.

Holshouser ordered Martinez to serve the maximum possible — 28 1/2 years — for second-degree murder by vehicle, then two years for driving while impaired and then 45 days for hit and run/ failure to stop for property damage.

State sentencing guidelines gave Holshouser a range of sentence on the murder conviction of 23 to 281/2 years, but the judge said he wanted Martinez to serve the most.

Police said Martinez, driving a red Jeep Cherokee, struck another vehicle before he careened into Newman's Saturn in Landis. Martinez, driving an estimated 75 mph in a 35 mph zone, was attempting to turn as he fled from a Kannapolis police officer.

His blood alcohol level of .27 was more that three times the legal .08 limit. A paramedic said Tuesday that Martinez admitted after the crash that he'd had 20 beers.

Newman's aunt, Jeanette Bentley, described her night at the hospital with Leeanna and other family the night the 20-year-old died.

Bentley said she could not recognize Leeanna, who was swollen because of her injuries. She begged Leeanna to squeeze her hand back if she recognized her. Bentley tried to console her niece, running her hands through Leeanna's still bloody hair.

Only it was too late, Leeanna had already died.

It's difficult, watching Leeanna's daughter, 2-year-old Mallory, "try to brush her mother's teeth and feed her mommy's picture," Bentley said.

Tiea LeMasters, Newman's older sister, said Leeanna is just a name to strangers, but in reality, she was "a mother, sister, aunt, niece, cousin, wife."

LeMasters recalled seeing her sister "broken" in the hospital. "I'll never be able to get that out of my head," she said.

Kay Heath, another aunt, said she watches old family videos of Newman "just to hear her talk."

"Thank the good Lord, at 4:45 p.m. I got to tell her I loved her," said Charlotte Hardin, another of Newman's aunts.

The day of the crash, Newman was on her way to pick up her husband, Brad, at Hardin's house in Kannapolis. Hardin spoke to her before the accident.

"It's like a disease with no medicine and no cure. We'll have it for the rest of our lives," aunt Lisa Codespot said.
Newman
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Newman's husband, Brad, said Martinez's lack of emotion disturbed him.

"To see you up and walking. To see you alive today is the worst thing I've ever had to face," Brad Newman told Martinez from the witness chair.

"Most people spend their whole lives trying to find that person whose perfect for them. I found mine at 17."

He and Leeanna had only been married for six months. They shared a daughter, Mallory, and were awaiting the daughter they would name Bianca Cheyenne.

Mallory was in the back seat of her mother's car. She escaped the wreck with minor injuries.

"I come home, and it's empty. There's nothing there for me anymore," Newman said.

He then addressed Martinez again, "You took that and nobody else, just you."

Before rejoining his family, he said to Martinez: "I pray to God every day you feel the pain I feel and the hate I feel toward you."

After court, Newman's family said they will continue to push for legislation that would allow a person charged with murder or manslaughter of a pregnant woman to also be charged with causing the death of the unborn child.

North Carolina is one of the few states that doesn't have such a law.

Carlyle Sherrill, Martinez's attorney, told the court his client came from El Salvador and had lived in the United States since he was 18. Martinez is a painter by trade and has been in the Carolinas for eight years, Sherrill said.

Martinez, 34, has two children in El Salvador, Sherrill said.

Sherrill said his client has sought alcohol treatment while incarcerated, although not in time to help Newman or her relatives, who scoffed at the idea.

Martinez, who never took the witness stand, said through his attorney, "He is sorry and this was not on purpose," Sherrill said.

Following the court proceedings, Sherrill said he believes Martinez understood what was happening even though he doesn't speak English.

Was he remorseful?

Sherrill thought for a long moment and said it was not to his client's benefit that he answer.

Before sentencing Martinez, Judge Holshouser told him his conduct could be best described as "intolerable."

The judge ordered Martinez to pay restitution to Newman's husband for medical bills and funeral home expenses, compensate his attorney for services and pay any other fines and fees.

Martinez has been convicted twice previously of driving while impaired, three times of driving with a revoked license and assault charges. He's used at least half a dozen aliases and has already been deported from the U.S. twice.

As for deportation, Martinez faces a series of hearings to determine his status.

Rowan County District Attorney Bill Kenerly explained later Thursday he didn't know much about the deportation process, but he knows Martinez is entitled to a hearing.
Missing Leeanna: Family members of Leeanna Newman speak to the media outside the Rowan County Courthouse after the closing of the trial of Rigo Verto Guillen-Martinez. Photo by Jon C. Lakey; Salisbury Post.
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Asked if Martinez might serve less than his 28 years for murder, Kenerly said the law in 20-something years is unknown.

"He'll have to serve 100 percent of his minimum 276 months (23 years). After that, it's up to the Department of Correction," Kenerly said.

Martinez will then serve his two years for drunken driving.

If Martinez was serving his time now for the DWI conviction, he'd realistically only serve half his time, Kenerly said. In 23 years, there's no telling what the laws will dictate.

Contact Shavonne Potts at 704-797-4253 or spotts@salisburypost.com.

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Rigo Verto Guillen-Martinez stands up during a court recess during his sentencing Thursday.Photo by Jon C. Lakey, Salisbury Post.
--------------------------------------------------------------------------------


Man convicted of second-degree murder in fatal crash will serve at least 23 years

By Shavonne Potts

Salisbury Post

A judge granted the pleas of a family and sentenced a man to 30 years for killing a young pregnant mother in a crash earlier this year.

Judge John L. Holshouser Jr. sentenced Rigo Verto Guillen-Martinez Thursday in Superior Court for causing the head-on collision that killed Leeanna Newman and her unborn baby in a February crash. Newman's family, including her aunts and husband, Brad, spoke at Thursday's sentencing hearing, asking Holshouser to give him the maximum allowable sentence.

Holshouser ordered Martinez to serve the maximum possible — 28 1/2 years — for second-degree murder by vehicle, then two years for driving while impaired and then 45 days for hit and run/ failure to stop for property damage.

State sentencing guidelines gave Holshouser a range of sentence on the murder conviction of 23 to 281/2 years, but the judge said he wanted Martinez to serve the most.

Police said Martinez, driving a red Jeep Cherokee, struck another vehicle before he careened into Newman's Saturn in Landis. Martinez, driving an estimated 75 mph in a 35 mph zone, was attempting to turn as he fled from a Kannapolis police officer.

His blood alcohol level of .27 was more that three times the legal .08 limit. A paramedic said Tuesday that Martinez admitted after the crash that he'd had 20 beers.

Newman's aunt, Jeanette Bentley, described her night at the hospital with Leeanna and other family the night the 20-year-old died.

Bentley said she could not recognize Leeanna, who was swollen because of her injuries. She begged Leeanna to squeeze her hand back if she recognized her. Bentley tried to console her niece, running her hands through Leeanna's still bloody hair.

Only it was too late, Leeanna had already died.

It's difficult, watching Leeanna's daughter, 2-year-old Mallory, "try to brush her mother's teeth and feed her mommy's picture," Bentley said.

Tiea LeMasters, Newman's older sister, said Leeanna is just a name to strangers, but in reality, she was "a mother, sister, aunt, niece, cousin, wife."

LeMasters recalled seeing her sister "broken" in the hospital. "I'll never be able to get that out of my head," she said.

Kay Heath, another aunt, said she watches old family videos of Newman "just to hear her talk."

"Thank the good Lord, at 4:45 p.m. I got to tell her I loved her," said Charlotte Hardin, another of Newman's aunts.

The day of the crash, Newman was on her way to pick up her husband, Brad, at Hardin's house in Kannapolis. Hardin spoke to her before the accident.

"It's like a disease with no medicine and no cure. We'll have it for the rest of our lives," aunt Lisa Codespot said.
Newman
--------------------------------------------------------------------------------


Newman's husband, Brad, said Martinez's lack of emotion disturbed him.

"To see you up and walking. To see you alive today is the worst thing I've ever had to face," Brad Newman told Martinez from the witness chair.

"Most people spend their whole lives trying to find that person whose perfect for them. I found mine at 17."

He and Leeanna had only been married for six months. They shared a daughter, Mallory, and were awaiting the daughter they would name Bianca Cheyenne.

Mallory was in the back seat of her mother's car. She escaped the wreck with minor injuries.

"I come home, and it's empty. There's nothing there for me anymore," Newman said.

He then addressed Martinez again, "You took that and nobody else, just you."

Before rejoining his family, he said to Martinez: "I pray to God every day you feel the pain I feel and the hate I feel toward you."

After court, Newman's family said they will continue to push for legislation that would allow a person charged with murder or manslaughter of a pregnant woman to also be charged with causing the death of the unborn child.

North Carolina is one of the few states that doesn't have such a law.

Carlyle Sherrill, Martinez's attorney, told the court his client came from El Salvador and had lived in the United States since he was 18. Martinez is a painter by trade and has been in the Carolinas for eight years, Sherrill said.

Martinez, 34, has two children in El Salvador, Sherrill said.

Sherrill said his client has sought alcohol treatment while incarcerated, although not in time to help Newman or her relatives, who scoffed at the idea.

Martinez, who never took the witness stand, said through his attorney, "He is sorry and this was not on purpose," Sherrill said.

Following the court proceedings, Sherrill said he believes Martinez understood what was happening even though he doesn't speak English.

Was he remorseful?

Sherrill thought for a long moment and said it was not to his client's benefit that he answer.

Before sentencing Martinez, Judge Holshouser told him his conduct could be best described as "intolerable."

The judge ordered Martinez to pay restitution to Newman's husband for medical bills and funeral home expenses, compensate his attorney for services and pay any other fines and fees.

Martinez has been convicted twice previously of driving while impaired, three times of driving with a revoked license and assault charges. He's used at least half a dozen aliases and has already been deported from the U.S. twice.

As for deportation, Martinez faces a series of hearings to determine his status.

Rowan County District Attorney Bill Kenerly explained later Thursday he didn't know much about the deportation process, but he knows Martinez is entitled to a hearing.
Missing Leeanna: Family members of Leeanna Newman speak to the media outside the Rowan County Courthouse after the closing of the trial of Rigo Verto Guillen-Martinez. Photo by Jon C. Lakey; Salisbury Post.
--------------------------------------------------------------------------------


Asked if Martinez might serve less than his 28 years for murder, Kenerly said the law in 20-something years is unknown.

"He'll have to serve 100 percent of his minimum 276 months (23 years). After that, it's up to the Department of Correction," Kenerly said.

Martinez will then serve his two years for drunken driving.

If Martinez was serving his time now for the DWI conviction, he'd realistically only serve half his time, Kenerly said. In 23 years, there's no telling what the laws will dictate.

Contact Shavonne Potts at 704-797-4253 or spotts@salisburypost.com.

Man convicted of second-degree murder in fatal crash will serve at least 23 years By Shavonne Potts Salisbury Post A judge granted the pleas of a family and sentenced a man to 30 years for killing a young pregnant mother in a crash earlier this...











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is the update on the court

My heart goes out to the family. This is all just so horrible. Why doesn't stories like this wake up the 'elites' in DC. Our local radio guy said this -let it happen to just one of our politicans and we will start seeing some change.

Horrible, horrible.

Minnie_Girl, I am so sorry for you and your familys loss.

THIS YOUNG LADY'S BLOOD IS ON THE HANDS OF EVERYONE WHO HIRED OR HELPED THIS PARASITE.

I unfortunatly agree with FedupinWaukeegan,it will take them harming a politician or their family before anything is done.

Quote from the murderers clueless attorney-
Was he remorseful?

Sherrill thought for a long moment and said it was not to his client's benefit that he answer.-end quote.

-That says it all.

I never again want to hear one of those worthless bottomfeeder parasites cry that deportation and American immigration laws are tearing apart their families.


Rawhide!

I never again want to hear one of those worthless bottomfeeder parasites cry that deportation and American immigration laws are tearing apart their families.

Our politicians are not even human! What about this American family that has been torn apart! Our government let this criminal in here so he could take this young womans life. They have no compassion for this young man who has lost his wife and the child who has no mother or the aunts that miss her so much. It is so disturbing that these cold hearted people are running our country. Perhaps they have been fortunate enough to never experienced the grief and heartache of losing a loved one or did they even care when it was their own.