A contested preliminary hearing held Monday for Greg Martinez ended in arraignment on two charges and a plan for a jury trial.
Prior to the hearing, 53-year-old Martinez faced charges of aggravated battery and leaving the scene of an injury accident. The charges stem from an incident that took place July 18 when Martinez allegedly hit 6-year-old Brisa Bustos of Dodge City, and a parked car, with his pick-up truck.
Bustos was hospitalized until the end of October. While she made enormous progress in her recovery, much of which was not expected by doctors, her father testified today that she is still unable to walk.
Martinez's attorney Lori Jensen asked that her client not be bound over on the charges, saying there was no evidence presented by the state to show her client was guilty of aggravated battery. Jensen also challenged the charge of leaving the scene citing that Martinez was using common sense in not approaching the victim or the crowd surrounding her and did not leave his own yard or ever get back into his vehicle.
She said Martinez tried to assist in calling for help but didn't have the time or the opportunity to make a phone call.
Assistant Ford County Attorney Kevin Salzman argued that according to witness testimony, Martinez accelerated his vehicle while driving on the wrong side of Sunnyside before striking Bustos. Salzman added that multiple witnesses observed Martinez walking away from the scene and to his house without making any attempt to contact the victim or her father.
“Testimony has shown that he was not even aware he hit anyone,” Salzman said. “He did not try to call the police or assist in any way.”
The hearing concluded with Martinez being bound over on both of the initial charges. Salzman also amended additional counts of operating a motor vehicle while under the influence of alcohol, reckless driving and the traffic infraction of driving left of center.
According to Cpl. Thad Brown who testified at the hearing, Martinez's blood alcohol concentration (BAC) following the accident was .22. The legal limit for the state of Kansas is .08.
Salzman said a trial will be scheduled within 6 months, most likely in April or May.