Martinez pleads not guilty to sexual assault charges

Gabriel Martinez, 50, of Longmont, Colo., was arraigned on one count of Sexual Assault – Use of Electronic Communication Device, a class IV felony, in Cheyenne District Court on Thursday.

During the 10-minute hearing, District Court Judge Derek Weimer explained the charge carried a maximum sentence of five years in prison and a possible fine of up to $10,000. No minimum penalty exists, he added.

When asked if he understood the charges against him and potential punishment, Martinez replied, "Yes."

The defendant entered a plea of not guilty during the proceedings.

Documents relating to Martinez's arrest have been sealed by the court.

Earlier this month in Cheyenne County Court, Martinez's bond was set at $50,000.

During Thursday's arraignment, Martinez's court-appointed lawyer, Michael Snyder, asked that amount be lowered so Martinez could return to his job and family in Colorado while awaiting trial.

Snyder added, his client has been in jail since late January.

Cheyenne County Attorney Paul Schaub offered Martinez's criminal history as an exhibit to the court.

Snyder objected, saying there are many people with the same name, and the criminal history presented could belong to a different Gabriel Martinez.

He added, his client's only criminal history includes a Driving Under the Influence conviction and traffic violations.

Schaub said those were included in the exhibit he presented, and Weimer ruled he would accept the criminal history.

The county attorney requested Martinez's bond remain at $50,000 in light of the exhibit and the nature of his alleged offense.

Weimer said given Martinez's criminal history – which included a revocation of probation and failures to appear for traffic violations – and that he's not a state resident, he would leave the bond where it is.

A further hearing was set for Wednesday, May 6 at 9:30 a.m. in the Cheyenne District Courtroom.