Man gets 6 years for shooting neighbor
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Feuding families react strongly at murder sentencing
3/26/2008 - 3/27/08
The family of a Stanley man gunned down by a neighbor with whom he had a running dispute reacted angrily Wednesday at what they said was a light sentence given to the killer.
"Is that all my husband's life is worth?" the widow of Dan Martinez screamed in state District Court after Lyle Strong was sentenced to six years in prison, minus the 20 months he has already spent in jail.
If Strong gets the maximum 15 percent off his sentence for good behavior, he could be released from prison in less than four years. He must also serve five years on probation.
Strong, 54, was convicted of second-degree murder and aggravated assault by a Santa Fe jury on Dec. 7. At his trial, he maintained Martinez, 52, had cursed and threatened him for four years, and he thought Martinez had a gun when he shot him in the back with a 30-30 rifle on June 28, 2006.
At Wednesday's sentencing, Martinez's family members urged Judge Michael Vigil to give Strong the maximum of 15 1/2 years in jail. Strong and his family asked for mercy because he had no history of violence.
Gail Martinez, widow of the deceased, said just before her husband's death, the couple was entering "a new passage in marriage" in which she could paint, they could raise horses and share intellectual and spiritual pursuits. "I feel like I've been raped as well as robbed," she said. "I'm appalled that fraud and embezzlement get more time than second-degree murder. Are we so materialistic that stealing (warrants) greater punishment that killing another person?"
Dan Martinez's cousin, Dennis Lopez, sister Denise Martinez and other relatives accused defense attorneys and the media of distorting the facts of the case which, they said, was an example of a vigilante taking the law into his own hands.
Strong's sister, Lorna Boddy, said watching her brother go through the murder trial was like watching their mother die. She told the Martinez family she was sorry and regretted she had done nothing when Strong asked her for help in dealing with Martinez.
Also speaking on Strong's behalf were his son, Shannon, his daughter Rachel, his stepson Eric Brown and his wife Rhonda Brown who carried a Bible to the podium. "I pray for the Martinez family that God will heal your hearts," she said.
Defense lawyer Hugh Dangler called back to the stand a psychologist who said Strong is not likely to kill again. The psychologist said Strong has shown little remorse because he feels "somewhat justified" due to the "ongoing struggle" with Martinez who "threatened to kill him." At that point, Assistant District Attorney Sarah Garcia objected and Vigil sustained the objection.
Strong, a large man shackled in chains over his tan prison garb, then spoke to the judge directly. "I didn't try to run away from the law," he said. "I called the police many times. I got a restraining order. I truly believed Mr. Martinez had a gun and he was the one who hurt my dog. I was terrified of this man. ...
"I know I made a terrible mistake. I wish that day had never happened. I wish I hadn't moved there. I wish he wouldn't have treated us that way and made my wife cry. I'm sorry for that day. I'm so sorry I killed Mr. Martinez. It's a terrible situation, a terrible result."
Turning to Martinez's family, Strong asked for forgiveness. Martinez's widow and his mother motioned that Strong should end his comments.
Vigil began by thanking Martinez's relatives for bringing him photographs of the family and suggested that when they think of him, they should think of those happier times, rather than his "lying on the ground with a bullet in his back. ... I hope the Martinez family can move into the next level of grief."
Vigil told Strong his biggest mistake was getting out of his vehicle in front of Martinez's home, thinking they would have a fist fight. Rather than confronting Martinez, Vigil said, Strong should have sought to enforce the restraining order he got against Martinez. But he said he would not give Strong the maximum sentence because of mitigating circumstances.
"The (expletive) believed him," Lopez said sharply of the judge, who ordered deputies to let Martinez's family leave the area before Strong's family. Outside the court, Martinez's family cursed a reporter who asked for their opinion of the verdict.
Alice Doyle, Martinez's mother, said the verdict was ridiculous. "I'm going to be 77 years old, and I've never in my life have experienced so much (expletive)," she said. "I fear for my life, but most of all, because of my age, I have lived many years, I fear for my children, my grandchildren and my great grandchildren when people like that come along."
Contact Tom Sharpe at 986-3080 or tsharpe@sfnewmexican.com.