Deputy tries erasing video of him kidnapping, sexually assaulting crash victim, feds say
A deputy in New Mexico detained a car crash victim, kidnapped and sexually assaulted her in the back of his patrol car as she was handcuffed, according to federal prosecutors and court documents.
The now-fired Doña Ana County sheriff’s deputy, Michael Andrew Martinez, 33, turned off his body-worn camera during the April 30 assault — but the camera mounted in his patrol car was recording, a criminal complaint filed in federal court says.
When Martinez realized this, he sought to erase the video, which officials said captured him repeatedly groping the woman, according to an affidavit. He had detained the woman that day after accusing her of being under the influence when she crashed into a tree in Doña Ana County, the affidavit said.
Two days later, on May 2, he reported to the sheriff’s office that someone broke into his patrol car, stole his body camera and “severely damaged” the vehicle’s camera, Doña Ana County Sheriff Kim Stewart said at a news conference streamed by KFOX-TV.
However, the sheriff’s office found Martinez’s report “suspicious,” according to Stewart, who said the footage from the camera was ultimately recovered Aug. 29.
After Stewart reviewed the footage Aug. 30, Martinez was fired within 24 hours, Stewart said.
Martinez, of Las Cruces, was arrested on federal charges of deprivation of rights under color of law and obstruction of justice, the U.S. Attorney’s Office for the District of New Mexico said in a Sept. 21 news release.
He’s accused of lying about someone breaking into his car and trying to destroy the video evidence himself, according to prosecutors and the affidavit.
McClatchy News contacted a federal public defender representing Martinez for comment Sept. 22 and didn’t receive an immediate response.
At the Sept. 22 news conference, Stewart became emotional while offering a personal apology to the victim, who she referred to as “Jane Doe.”
“I want to say to Jane Doe, personally, as a woman, the mother of two daughters, I’m very sorry, I’m very sorry,” she said as tears welled up in her eyes.
If Martinez is convicted on the federal charges against him, he could face up to life in prison, prosecutors said.
Martinez previously worked for the New Mexico State Police and the state’s Hatch Police Department before joining the Doña Ana Sheriff’s Office, prosecutors said.
Prosecutors are calling on the public and any additional, potential victims of Martinez to come forward with information by calling the FBI at 505-889-1300 or submitting a tip here.
At the news conference, Stewart said “the biggest crime of all of this, to me, is…violation of the public’s trust.”
“We work very hard… to really ensure the public that we are stand up people, that we obey the law, that we follow policy,” Stewart added.
Doña Ana County is about 230 miles south of Albuquerque.
This story was originally published September 22, 2023 at 2:24 PM with the headline "Deputy tries erasing video of him kidnapping, sexually assaulting crash victim, feds say."
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