Revelations that one of three men accused in a brutal 2009 home invasion in Santa Fe may not have played as big a role in the crime as his codefendants didn’t persuade a state district judge to reduce the man’s sentence.
Luis Martinez, 24, was out on probation when he and two other men — Daniel Borrego and Benjamin Lovro — broke into the Ambrosio Street home of Gary Roybal on July 6, 2009, and tied up, beat and robbed the man. All pleaded guilty in the case.
The burglary was three days before police say the same three men broke into an Albuquerque home and beat and killed St. Michael’s High School graduate, 21-year-old Kerry Lewis. The trio await trials for charges in that case, including Martinez and Lovro facing murder charges.
Friday, Dana Grubesic, Martinez’s attorney, asked State District Judge Michael Vigil to reduce her client’s sentence after she discovered sworn testimony from Borrego indicating he and Lovro did the Roybal beating and Martinez only stood by the door as a lookout. Borrego and Lovro received much lighter sentences.
“I’m not trying to say I’m innocent,” Martinez told the judge. “I’m just trying to ask that you give me the same treatment as the others.”
Roybal, joining Friday’s hearing by telephone, said he felt the three men “were all in it together” and couldn’t remember who actually beat him because “I was face down” as they tied the man up with duct tape and electrical cords.
Assistant District Attorney Orlando Torres opposed any reduction in the sentence and Vigil didn’t take much time to deny the motion, citing Martinez’s lengthy juvenile and adult felony record prior to the home invasion.
Martinez, who is serving time in a Hobbs correctional facility, has received credit for one year time served and can serve the other five years of the home-invasion sentence beginning in 2015, which is when he is expected to complete his time for a slew of probation violations he was charged with as a result of the home invasion incidents.
Lovro and Martinez face an open count of murder, kidnapping, aggravated burglary, robbery, tampering with evidence and four counts of conspiracy in the Lewis case in Albuquerque. Borrego faces conspiracy, aggravated burglary and robbery charges. Trial dates have not yet been scheduled.