Public Safety
Man Convicted in 2021 Desert Hot Springs Killing
INDIO (CNS) – Jurors found a 30-year-old man guilty Thursday of fatally shooting a man in the living room of a Desert Hot Springs home after finding out the victim was in the same home as his girlfriend.
Daniel Ray Martinez of Desert Hot Springs was charged with one felony count each of murder and being a felon and narcotic addict in possession of a firearm. He additionally faces a sentence-enhancing allegation of discharging a firearm causing great bodily injury.
His co-defendant, 41-year-old Jesus Gabriel Pena, was charged as an accessory for allegedly deleting evidence.
The charges stem from the Sept. 8, 2021 fatal shooting of Javier “Happy” Torres.
Jurors began deliberating Wednesday afternoon and reached a verdict by 11 a.m. Thursday, according to Riverside County District Attorney’s office director of communications Amy McKenzie.
Martinez was found guilty of both charges and the allegation was found true while Pena was found not guilty of being an accessory.
A sentencing date for Martinez was set for July 18.
Deputy District Attorney Samantha Paixao told jurors Wednesday during closing arguments at the Larson Justice Center in Indio that Martinez didn’t like Torres because the decedent was previously in a relationship with his girlfriend, so when they got into an argument and he found out they were both in her friend Jonathan Berry’s house, he drove there, kicked down the door and shot Torres three times before fleeing the scene.
“This is made up in his head. … They weren’t in the same room,” Paixao said.
She added that Pena admitted to using the home’s surveillance footage to see what the girlfriend did throughout the day and that a recorded interview with police shows his guilt because of his certainty of not being in any video footage and how he stumbled over his words when he was asked directly.
Paixao said Torres was dropped off by Pena at the fire department in Desert Hot Springs and that he ultimately died from the gunshot wounds.
Martinez’s defense attorney, Andrea Bouchard, told jurors that they were given a false premise and that they were asked to believe testimony from Berry, who she said is unreliable and might even be the true culprit.
“Let’s not forget about Mr. Berry’s immunity agreement. … Because he’s concerned about his own interests. He knows that if he sticks to the story that he told the police … that got him released at that time and free of being charged, that he gets away free and clear,” Bouchard said. “He has an incentive to stick to that story.”
Pena’s defense attorney, Alexander Reed, told jurors that his client had no motive to protect Martinez because they have no evidence to connect them as friends and that there was not a thorough enough investigation to prove that Pena manipulated anything in the surveillance system.
Martinez was arrested in San Diego County. He is being held at the John Benoit Detention Center in Indio in lieu of $1.05 million bail.
Copyright 2023, City News Service, Inc.
By: Pristine Villarreal
June 29, 2023
Latest Instagram Posts
A troubling history is coming to light in a Palm Desert husband’s death. 65-year old Vicky Kim is accused in the death of her husband — but prosecutors say she had previously faced several domestic violence cases involving him. The Riverside County District Attorney’s Office says it had secured protective orders against Kim before a judge later resolved her cases as misdemeanors, released her from custody and terminated those orders. Now, Kim is expected to be arraigned in connection with her husband’s death. Court records allege the weapon used was a flagpole.
☕️🔥 How hot is TOO hot? A new study finds that drinking scalding-hot beverages may be linked to nearly 3 times the risk of esophageal cancer—the most common type of cancer affecting the esophagus. The takeaway? Let that coffee, tea or other hot drink cool down before taking a sip. ❤️ #HealthNews #EsophagealCancer #CancerRisk #HotBeverages #Coffee #Tea #CancerAwareness #HealthyHabits #HealthTips
☕️ Social Time with Thalia & Jerry. The squishy craze!
Coachella city council unanimously approved an anti-nepotism rule that ban an any Councilmember from appointing a family member or household member to the city’s commissions and committees. Tune in to our 11 p.m newscast as our @newsbyalondra breaks down the policy.
An anti-nepotism rule will be discussed and voted on at tonight’s Coachella City Council meeting - that would ban city council members from appointing their own family members or household members to commissions and committees. Tune in to our 8:30 p.m newscast and our socials and website as our @newsbyalondra brings us the latest details on that final vote.
☕️ Social Time with Thalia & Jerry. What’s your favorite NFL team?
A major cleanup is underway after powerful waves damaged 14 beachfront homes near Capistrano Beach in Orange County. Residents are concerned their homes could remain vulnerable without protective measures in place. Crews are clearing debris, while efforts to bring in protective boulders were delayed by high tide. #California #OrangeCounty #CapistranoBeach #CoastalWaves #Beachfront #WeatherNews
Two new Girl Scout cookies are coming in 2027 🍪 Meet Sparkables: a crunchy oatmeal cookie with chocolate chips and colorful sprinkles, developed with Partake in a facility designed to avoid the nine major food allergens. And for the pups: Patch Pals 🐾 Soft-baked, blueberry muffin-flavored dog cookies in four adorable designs. Both will be available online beginning in January. Which one are you most excited to try? #GirlScouts #GirlScoutCookies #NewCookies #DogTreats #FoodAllergyFriendly #CookieSeason
It’s more than just dancing — it’s fitness, confidence and community. A Coachella Valley dance studio is helping adults move their bodies, have fun and step into their power, one class at a time. And during Beyoncé’s birthday week, the energy was turned all the way up. “When in doubt, twerk it out.” See how VXN Worldwide Dance Company is getting the Valley moving — and building confidence along the way. Read more at NBCPalmSprings.com. #CoachellaValley #PalmSprings #Dance #Fitness #Community NBCPalmSprings
☕️ Social Time with Thalia & Jerry. What are you going to be for Halloween? 🎃