The Ojo Caliente woman accused of being a driver in the October 2018 murder of Cameron Martinez, that wounded three others, will remain in jail until her trial.
First Judicial District Court Judge Jason Lidyard denied bond to Brittany Garcia following a Monday hearing.
Garcia’s attorney, Mark Earnest of Santa Fe, asked the court to release her citing a recent plea deal offered to co-defendant Savannah Martinez, and an already resolved case against the driver of the other vehicle in the shooting, Alejandra Gonzales.
In those cases, Earnest said, both defendants were already out of custody.
Savannah Martinez accepted a plea deal May 3, and agreed to testify against the remaining defendants in the case.
During the hearing, Earnest played portions of a recorded statement made by Savannah Martinez where she said Garcia tried to pull over on the side of the road after the shooting, but that Mark Hice, an accused shooter in the case, told her to keep driving.
Earnest, with testimony from a forensic psychologist, said Garcia was in an abusive relationship, and was under Hice’s control during the incident.
He said Garcia was no different from Gonzales, who was also driving a vehicle during the shooting incident.
Earnest said Gonzales received probation for her part in the incident through the juvenile justice system.
Garcia has been in custody since October 2018, when she turned herself in to New Mexico State Police in Albuquerque.
She is charged with willful and deliberate first degree murder, which Earnest categorized as an “insane” charge with no basis in evidence.
She also faces one count of conspiracy to commit first degree murder, eight counts of conspiracy to shoot at or from a motor vehicle, one count of conspiracy to tamper with evidence and tampering with evidence in a capital offense.
Despite Earnest’s attempt to frame Garcia as an unwilling participant, Lidyard ruled that she remained a danger to the community for allegedly driving in not one, but two shootings on October 4, 2018.
Applause erupted from the family of Cameron Martinez and the other victims when Lidyard ruled that Garcia would not be released.
“I’m pleased to announce that the court agreed with our office to keep one of the criminals charged in the murder of Rio Arriba’s beloved Cameron Martinez in jail on a no bond hold,” First Judicial District Attorney Marco Serna said in a statement Monday. “Our office will continue our aggressive fight against the most dangerous, violent offenders in New Mexico, and we will attains justice for the Martinez family and all of Northern New Mexico.”
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