A Los Alamos man found out the hard way that getting drunk and firing a gun is never OK.

    Joshua I. Martinez was charged with negligent use of a deadly weapon (under the influence of an intoxicant or narcotic), after Española Police Department Sgt. Michelle Ortega responded to a call on Jan. 28, in Lower San Pedro, regarding several shots fired.

    When she arrived, she came in contact with Sean Diaz, standing against the wall of the church. She noticed another man, later identified as Martinez, lying on the ground near Diaz.

    Before Ortega could exit her vehicle, Martinez got up and began staggering toward her patrol unit. She jumped out of the car and asked dispatch to send additional units.

    Diaz told her that his friend, Martinez, was upset and highly intoxicated. He also said Martinez was shooting his gun in the air, telling Diaz he was “sorry.”

    Diaz had taken the gun away from Martinez and was able to drop the magazine, when a last shot was fired in the air. Diaz then showed Ortega the gun, which he was holding face-down and away from her.

    “I asked him to drop the weapon,” Ortega wrote in the criminal complaint. “Mr. Diaz dropped the weapon (9 mm Ruger) on the ground. I asked him to walk away from the gun.”

    Meanwhile, Martinez was yelling and attempting to get off the ground. Diaz tried to keep him down, but Martinez was able to fight him off and began to stagger toward Ortega once again, continuing to scream.

    Diaz tried to stop his friend from making contact with Ortega, but he was taken to the ground by the drunk man.

    “I did have my tazer (sic) pointed at Mr. Martinez if he tried to get back up,” Ortega wrote. “Mr. Diaz was able to hold Mr. Martinez down till (sic) officers arrived on scene.”

    Martinez was put in the back of Officer Cody Lattin’s patrol unit and continued screaming and banging around in the car. He then struck his head on the cage inside the unit. He was taken to the Española Police Department and booked. He was scheduled to be arraigned on Monday in Española Magistrate Court.

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