FORT WORTH -- A murder trial ended abruptly Wednesday after a prosecution witness testified that the defendant acted in self-defense when he shot 19-year-old Gerardo Martinez in the head during a sprawling fight in a park last year.
Police, prosecutors and an investigator with the Tarrant County district attorney's office interviewed the witness before the trial, and he never mentioned that Gerardo Martinez pulled a knife on defendant Antonio Martinez, according to a statement from prosecutors.State District Judge Louis Sturns immediately granted the prosecution's motion to dismiss the murder charge. Sturns explained to the jury what had happened and commended prosecutors."It's always our duty to seek justice, not necessarily a conviction," prosecutor Kelly Meador said. "When relevant information becomes available to us, regardless of the timing, it's our responsibility to seek a just outcome. In this case, it was a dismissal."Defense attorney Jim Shaw said, "Antonio cried. He was very happy that justice was done. He saw that the justice system could work for him and he saw that the state was honorable in the way they handled it."Antonio Martinez, now 35, had been charged with murder for shooting Gerardo Martinez, 19, on June 13, 2011. The defendant and victim are not related.Gerardo Martinez, who was shot in the head, lived in hospice care until January, according to the Tarrant County medical examiner.As many as 20 people had gathered in the park to continue fights that started earlier in the day elsewhere, witnesses said this week. Apparently, Gerardo Martinez looked as though he might intervene in a fight between his girlfriend and the girlfriend of Antonio Martinez, according to testimony.The previous witnesses either said they did not see a knife or that they saw one but that Gerardo Martinez did not threaten anyone with it, Shaw said.The witness who stopped the trial, however, said Gerardo Martinez waved the knife and threatened people, Shaw said.Mitch Mitchell, 817-390-7752Twitter: @mitchmitchel3Have more to add? News tip? Tell us
