Release Date: Wednesday, September 16, 2009 4 p.m.
Harvey L. Bryant, Commonwealth’s Attorney for the City of Virginia Beach, announced today that David Alexander Martinez, 37 years old, previously residing in Adams County, Colorado, pled guilty and was sentenced today by Circuit Court Judge Leslie L. Lilley to fifty (50) years in the Virginia Department of Corrections on convictions of Aggravated Sexual Battery by a Parent or Grandparent (4 counts) and Custodial Indecent Liberties. The Court suspended all but ten (10) years of the sentence conditioned upon indefinite supervised probation, 40 years good behavior, registering as a sex offender, having no contact with the victim, having no unsupervised contact with any minor, and payment of court costs.
Had the case gone to trial, the Commonwealth’s evidence would have proved that between May 1, 2004 through April 30, 2005, the defendant lived in Virginia Beach and attempted to have sexual intercourse with his daughter. On numerous occasions, he fondled and orally penetrated her. The victim reported the abuse in an effort to prevent harm from coming to the defendant’s unborn daughter. The defendant’s ex-wife confronted him with the accusation at which time, he confessed. After his confession to family members, the defendant turned himself into the local police in Colorado. He was later extradited to Virginia for his pending charges.
David Martinez’s prior criminal history includes convictions in 2006 for a misdemeanor Assault and Battery Against a Family Member in Virginia Beach. He also has two prior arrests in Colorado for domestic violence.
Associate Commonwealth’s Attorney Michael D. Defricke prosecuted the case. Please call Julie Pickell if additional information is desired.
Similar Press Releases: Harvey Bryant, indecent liberties, sexual battery
