Martinez guilty of murder

A jury convicted Larry Martinez of first degree murder and use of a firearm to commit a felony last night after only 53 minutes of deliberations.

The jury of 11 men and 1 woman heard four days of evidence in Cheyenne County district court before reaching its conclusion.

Martinez shot and killed Mandy Kershman at a residence on the north side of Sidney on July 18, 2012. He was reportedly angered by a text that Kershman sent to him shortly before the shooting.

During closing arguments Thursday afternoon, the prosecution attempted to convince the jury that Martinez committed premeditated murder. Sandra Allen, representing the state reminded the jury that many of the facts in this case were straightforward.

"We have a lot of evidence that Larry Martinez killed Mandy Kershman," she said.

Leland Blake, who was in a back room of his home while the shooting took place in a front room, claimed that he heard Martinez's voice and then the pop of what he thought were two gunshots. When he came out of the room he observed that Martinez was leaving the residence and that Kershman had been shot.

"You've got his own confession," Allen said. "He confessed to four people."

This left the jury only to determine if Martinez committed the murder purposefully and with premeditation.

"After he got the text message, he decided to kill her," Allen said.

At around 4:30 on the afternoon of the shooting Kershman sent Martinez a message that read, "I want a man to take care of me, not bitch about money," Allen said.

Blake made the 911 call at 4:51 that evening.

"There's nothing in there that can be described as suddenly or rashly," Allen said.

Allen reminded the jury that Martinez told one of his roommates that he would kill Kershman about a week before her death. The roommate thought he was joking.

"If you follow out on those acts a week later you can certainly infer it wasn't a joke," Allen said.

Martinez received the text, retrieved the gun, drove to Blake's, walked to the house, knocked on the door, entered, walked to Kershman and shot her, Allen said.

"That, ladies and gentlemen is cold blooded murder," she added.

Earlier in the trial, the defense called into question whether or not Martinez understood all the inquiries posed to him in an interview with Lieutenant Keith Andrew of the Sidney police. Earlier in the trial, the jury viewed a recording of the interview which took place shortly after Martinez's arrest.

"It's clear from the interview, he understood," Allen said.

She asked the jury to find the defendant guilty of first degree murder.

"It's an easy case," Allen said.

Sarah Newell, representing the defense agreed with the state that certain aspects of the case were easily determined.

"There's only one thing in dispute here and that is Mr. Martinez's state of mind," Newell said.

Martinez was difficult to impossible to understand in much of his interview with police, Newell pointed out. She reminded the jury that it couldn't take what Andrew thought Martinez said as truth.

In Newell's opinion, Andrew was mistaken about some of what Martinez said in the interview. While Andrew thought Martinez became enraged when he received a text from Kershman, Martinez really lost it when he argued with Kershman at the house just before he shot her.

She added that provocation negates malice, which must be present for a first degree murder conviction.

"She provoked him," Newell said.

This provocation caused Martinez to lose all reason, she added.

Newell asked the jury to consider what type of relationship Kershman and Martinez shared. She asked them to study the way the couple communicated with one another. Newell displayed some text messages sent between the defendant and the victim in the weeks leading up to the shooting. In messages to Kershman, Martinez continually espoused his love for her. Both individuals expressed jealousy.

"It's a mess, this relationship," Newell said.

Both parties threatened to end the relationship multiple times.

"There is this jealously component and it's eating away at him," Newell said.

Martinez knew that Kershman continued to have frequent contact with her ex-husband, who lived across the street from her. Kershman continually used and manipulated Martinez, Newell claimed. Kershman often asked Martinez for money, drugs and other gifts.

"Larry expects that when he can't come through, he can't provide, she's done with him," Newell said.

It was a very one-sided relationship, she added.

"He's the one always saying 'I love you'," Newell said. "Sometimes she reciprocates, sometimes not so much."

She added that Blake's statements about exactly what happened on the day of the shooting couldn't be trusted. The man changed his story multiple times and had more than just a fatherly affection for Kershman, who was more than 20 years his junior.

She asked the jury not to rely on the statements of the lawyers on either side but to find the facts themselves. She informed the jury that the defense was confidant that the only just verdict was voluntary manslaughter.

"This was a man that was pushed to the edge and lost it," Newell said.

Allen then pointed out that Newell glossed over some important points in her closing statements. One fact negated the defense's argument that Martinez suddenly lost his cool at Blake's house.

"Why in God's name did he take a loaded gun over there?" Allen asked

Martinez never lost it, she said. He was cool and calm throughout the entire ordeal.

The jury ultimately agreed with the prosecution.

The is the third first degree murder conviction in Cheyenne County district court in a matter of four months.

Sentencing is scheduled for May 7 at 4 p.m. Martinez faces life in prison without the possibility of parole for the first degree murder conviction and up to 50 years for using a firearm to commit a felony.

Cheyenne County attorney Paul Schaub with the help of Sandra Allen and Michael Guinan, both assistant Nebraska attorneys general represented the state in this case. Sarah Newell and Jeff Pickens of the Nebraska Commission on Public Advocacy represented the defense.