P. v. Martinez CA5
An information charged Ruben Martinez (defendant) with first degree murder of Nicomedes Paz Velasco (Pen. Code, §§ 187, subd. (a), 189, subd. (a)). It alleged defendant used a wooden pole in the commission of the offense (§ 12022, subd. (b)(1)).
At trial, the jury heard evidence concerning defendant and Velasco’s acrimonious relationship. The jury viewed surveillance video of defendant walking toward the area where Velasco’s body was found carrying a large pole, and later walking away from the area with the same pole, on the night of Velasco’s death. A Fresno Police detective testified investigators found a wooden pole with stains on it near the crime scene and a criminalist testified the stains contained Velasco’s blood. A blood stain found on defendant’s shoe also contained Velasco’s DNA. The pathologist who performed Velasco’s autopsy opined he died from multiple blunt force impacts to his head. The jury convicted defendant of first degree murder.
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