Gregory Martinez has been convicted of aggravated battery with a deadly weapon for hitting and seriously injuring a six-year old Dodge City girl with his pickup truck on July 18, 2012. Martinez was also convicted of driving under the influence of alcohol (DUI) as a second-time offender at a re-arraignment hearing in the District Court of Ford County, Kansas, on October 21, 2013.
At the time Martinez struck Briza Bustos, Kansas Bureau of Investigation laboratory tests showed his blood-alcohol level was 0.22, nearly three times the legal limit to be driving. Blood tests also showed that Martinez had THC, the active ingredient in marijuana, as well as the sleep-aid Zolpidem in his system at that time.
Martinez entered no contest pleas to the two charges, while additional charges of reckless driving, left of center and leaving the scene of an injury accident were dismissed with prejudice as part of a plea agreement. In the agreement, Assistant Ford County Attorney Kevin Salzman agreed to jointly recommend that Martinez serve a 24-month sentence incarcerated with the Department of Corrections. The standard sentencing range for aggravated battery is between 31 and 136 months in prison. The sentence for a second DUI conviction can be up to one year in county jail. A presentence investigation report containing Martinez' criminal history will be prepared prior to sentencing, which will be scheduled at a later date.
At the re-arraignment hearing, after entering his pleas of no contest, Martinez maintained that it was not his intention to strike Bustos, and that after taking a sleep aid at about 5:15 in the evening, he "blacked out." Martinez did not comment as to the presence of either THC or alcohol in his system at the time.