SANTA FE — Many were in tears at Thursday’s sentencing of John G. Martinez for the deaths of two Los Alamos women and for seriously injuring a child.
Martinez, 41, shackled, in handcuffs and wearing an orange prison suit, wiped tears from his eyes as family members and friends of Xuming (Michelle) Wu and Jingxuan (Jean Shane) Shi told how their lives had changed since the women’s deaths.
The two were out for a stroll on North Mesa Road the evening of June 1, 2001, when Martinez struck and killed them with his car. Shi’s 6-month-old son, Alfred Chen, was thrown from his stroller.
Assistant District Attorney Amy Lopez led off the testimony, saying the impact of the crime on the families and communities was "immense."
A pre-sentencing report showed that Martinez has had a drinking problem since he was 12 years old, and even after several arrests and at least three convictions for drunk driving, "he still drinks and drives," she said. "His remorse is more with a prison sentence than with people."
Xian Chen, Shi’s husband, recalled the terrible events of that summer evening.
"It was the darkest night of my life," he said. Returning home from a business trip, he found his home empty. Then came the call from the police and he rushed to the hospital emergency room "in shock and fear." A few minutes later, he was told that his wife had passed away.
Moments later he was looking at his infant son, who "stared at me in panic and despair," Chen said. The baby was covered with bruises. His injuries included a cracked skull.
"I had no chance to grieve for my wife," he continued. "I had to keep myself strong enough to save the life of my little son."
For days, the infant had a high fever and seizures. His entire body was covered with tubes providing nourishment and vital fluids to keep him alive.
The boy, now 2, will never know his mother, whom his father described as "a nice and peaceful lady, a dedicated wife, a professional and hardworking researcher," and a dedicated mother.
"My sadness I could never express as language," Chen said.
His 9-year-old daughter, Amelia, also suffers.
"Her mom can never hold her, never play with her, never comfort her," he said. She is quiet and sometimes writes "heartbroken notes on the back of her mom’s pictures. She can only keep her mom in her dreams and never touch her."
And little Alfred is confused. "Whenever he sees a nice lady, he calls her mom," his father said.
"We’re experiencing a tremendous family tragedy … caused by a drunk driver," Chen said. "He took away two lives, the mothers of four children."
He asked Judge Michael Vigil to give Martinez "a strong sentence — for justice."
"We need to take away those smoking guns from our streets," he said. "We need to send a message that this behavior is totally unacceptable to our community."
The prosecution then showed a video with scenes of Shi playing with baby Amelia, of Amelia playing with Alfred when he was 4 or 5 months old, and of Alfred crawling on the day of the tragedy.
Ning Li, a family friend of both victims, also described the crash.
"Within the blink of an eye, two lives were taken away forever," he said. "Two men were left to be mothers and fathers to children who have only memories of their beloved mothers." He called for a "just and severe sentence" for the Martinez, saying the defendant had "one too many chances. The victims had none."
Hong Cai, a close friend of Shi’s, also asked for justice in the "murder case."
Cai said young Amelia has struggled to adjust to her new life. When told that her mother had gone to heaven, the little girl said, "I want to go to heaven with Mommy," Cai said. Amelia has given up activities she once enjoyed because her mother no longer is there for her.
And though little Alfred now runs around and plays happily, he screamed and cried for many days from the pain and tried to raise his head to look for his mother, she continued. But he doesn’t remember his mother.
"He will never know or experience the love that Jean could have given him," Cai said.
"They were like sisters to us," Cai said of Shi and Wu. "Our lives were no longer the same. The pain and suffering went on."
She and her friends now feel that driving and walking are not safe. And North Mesa Road is no longer a pleasant place but rather a murder scene, Cai said.
"The impact on family, friends and the community has been profound and devastating," she said, asking for the maximum sentence for justice and "to help reduce the number of future victims."
Quanxi Jia, Wu’s husband, broke into tears as he spoke of the impact on himself and his family.
"My whole world was shattered to pieces on June 1, 2001," he said, remembering that he got the call about his wife around midnight at the hotel he was staying in near Puerto Rico. He came home to his wife’s "cold, lifeless body."
Jia called his wife’s death "senseless slaughter." She died 18 days before her 40th birthday, in the prime of her life.
"Her happy smiles so dear to me disappeared," he said. "Forever I have lost my life companion. … My children have lost their mother. No longer can they fall asleep to their mother’s lullaby."
Wu left two sons, Shawn Jia, now a junior in high school, and Richard Jia, who was only 5 when his mother died.
"Nothing will ever replace what their mother could have been to them," Jia continued. "Nothing can bring back my wife."
He asked the judge for the maximum jail time. "He should be kept off the street. Then my wife can rest in peace."
Shawn Jia said the day of his mother’s death was "the day my life changed forever. … It was the worst day of my life. I was overwhelmed with grief. I couldn’t do anything but cry."
He was close to his mother, who "was always there for me. Now I can never see her again. I miss the caring and love she gave me."
When the teenager drives by the scene of the tragedy on his way to school, "I keep reliving the event," he said. Sometimes he lies awake at night thinking of his mother, which makes him depressed.
"I still can’t comprehend what happened," he said. Sometimes after school, he calls his father, but dials his mother’s office number instead. "It makes me realize again that she’s gone."
"Nowadays, my outlook on life … sometimes I feel that life is hopeless and I can’t do anything," he said. Shawn worries about his father, who is depressed all the time, and his brother, who will grow up without a mother.
"Without Mom, everything in our family collapsed," he said, describing how they now eat dinner in silence. "I miss Mom so much. I would give anything to have her back, but I know I can’t.
"I don’t know what the future holds for my family," he continued, and asked the judge to give Martinez the maximum sentence.
Zukun Chen, a close friend of Wu, said her friend’s death was "the most tragic incident I have ever experienced."
She described the pain of losing a family member and friend, but even more, the incident "shattered our illusion of a safe neighborhood. My husband and I stopped our regular exercise of walking after dinner," she said.
She, too, asked for the maximum sentence, saying that Martinez’ family will still be able to visit him and he will someday be able to rejoin them, but Wu can never return to her family, nor can they see her. "They can only visit the cemetery where their loved one lies buried."
Martinez’ attorney Sidney West even shed a few tears during the testimony. When she took the stand, she described him as "kind, loving and gentle, a well-loved man with a very serious disease."
But even though he is an alcoholic, she said, he still was a productive citizen who raised two sons mostly by himself and never missed a day of work.
"I think it’s unfair for the state to suggest that John does not have remorse," she said. "You can see that this is tragic for him. There’s no greater punishment than that he has to live with this tragedy."
She argued that his actions were "on the low level of this kind of case."
And though Martinez admitted to driving drunk (his blood alcohol level was .28, more than three times the legal limit, just after the accident), West said there were other contributing factors, including the time of day (dusk), the location of the crash (which she said was on a curve, though it actually is a straight roadway), and the women were wearing dark clothing and had dark hair while walking in the street.
"At best, it was a precarious and dangerous situation," West said, though she admitted that Martinez did not have the reaction he would have had if he was sober.
Echoing one of the victims’ witnesses, she said, "It was the darkest night of John Martinez’ life, as well."
She called the incident serious and horrible, but asked for the minimum jail time of six years, to be followed by a long-term residential treatment program.
West said after the crash, Martinez immediately put himself in counseling while in jail and has continued treatment for depression.
A less restrictive sentence might allow some good to come from the incident, she continued, saying that Martinez has talked to other young men while he’s been incarcerated, telling them of his tragic experience.
"I don’t think sentencing Mr. Martinez to the maximum sentence is going to deter other drunk drivers," West said. "If he could go speak to others, that could bring something good to what is otherwise a horrible situation."
Carolyn Tracy, who has counseled Martinez while he’s been in jail, said he has participated in anger management classes and has accepted Christ as his savior.
"He is repentant," she said. "His heart is broken for what has happened."
"I have seen a large change in his life," she continued. "He does want to help other people. He does want to be the man God created him to be."
Terry Burge, a longtime friend of Martinez, spoke on his behalf. He said the press and the prosecution "portray a different man than I know. He’s not arrogant, he’s not prejudiced."
Burge said his friend would work to prevent others from doing what he did, and he believed Martinez would choose never to drink again.
He also said he hoped that the victims’ families would forgive Martinez.
"Forgiveness is the beginning of healing," he said. "I just pray that God has mercy on Johnny, and that He has mercy on us, also."
District Attorney Henry Valdez gently castigated the defense for blaming the victims.
"On that night, he said, ‘I didn’t do anything wrong,’" Valdez said. "He did do something wrong. It was his obligation not to run over people."
At the time, Martinez showed no remorse and no compassion, he continued. His diagnostic evaluation showed that he is remorseful because he’s going to prison, Valdez said. With five prior DWIs, Martinez has had opportunities for treatment.
"Locking him up is a matter of self-defense," Valdez said. "When he gets out, he’ll do it again."
Martinez was last to take the stand.
"I am truly sorry for this terrible accident," he said. "I have taken full responsibility. …
"I, too, have a family and children. I can’t imagine the pain and sorrow I caused for these families," he said, awkwardly wiping tears from his eyes with his shackled hands. He admitted that alcoholism has caused him many problems.
"I wish I would have got help before this tragedy occurred," he continued. "I pray every day for Alfred. I pray every day for the families. God knows my heart. My family knows my heart. …
"Not a day goes by without me thinking about what happened, and I will for the rest of my life," Martinez said. "I hope, possibly some day, they could forgive me for this tragedy. I’m just truly, truly sorry."
And though Judge Vigil recognized Martinez’ feelings, he called his action "a senseless act" that took the lives of two people and injured a baby.
He noted that his sentence would not restore the loss. But with this part of the case closed, "I would hope you could get to the point where you could enjoy your lives again."
He also encouraged forgiveness as a part of healing, saying, "you do that at your own pace."
Vigil told Martinez that what he had done to his own children was terrible, but said it appeared that he had been a good father and had done some good things.
"I don’t know what’s in your heart," he continued, saying he hoped that Martinez’ acceptance of Jesus Christ was genuine.
"The issue that bothers me most is this is not the first time you got behind the wheel while you were intoxicated," Vigil said. "You had the opportunity to deal with your disease. And you did for short periods.
"Now your conduct has killed, now your conduct has taken lives," the judge said.
Vigil concluded by saying the court’s message was that "when you commit this type of offense with this kind of history, you will have to serve the maximum sentence."
Martinez was sentenced to serve consecutive sentences of six years for each of two counts of vehicular homicide, three years for causing great bodily harm, and one year for driving with a revoked license, for a total of 16 years. Vigil said he will have to serve at least 85 percent of the sentence, keeping him behind bars for a minimum of 12 years.
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