Officer takes stand in Martinez trial

Testimony continued Tuesday morning in the capital murder trial of a San Marcos man accused of killing another man in what police called a drug deal gone wrong in 2015. Bryan Martinez is accused of capital murder in the shooting of Isaac Olvera at a residence in the 1300 block of Thorpe Lane on Oct. 2, 2015. Martinez and two other people went to the residence to purchase drugs, according to the affidavit of probable cause. Martinez entered the residence carrying a sawed-off shotgun, and when a struggle broke out, the affidavit says, Martinez shot Olvera. Martinez’s attorneys are asking the jury to find him guilty of murder, but not capital murder, alleging that the shooting was an accident rather than intentional.

The jury heard testimony from San Marcos Police Officer Duwayne Poorboy, who testified that he was working as a narcotics detective in October 2015 and was called in to assist with interviews and the collection of jail mail and phone calls. First Assistant Criminal District Attorney Ralph Guerrero asked Poorboy to describe Martinez’s demeanor during an interview in which Poorboy assisted.

“He wasn’t exactly forthcoming about his role in the murder,” Poorboy said. At first, Poorboy testified, Martinez said he was not even there but that his gun was used; then he told police he was there but was unarmed. 

Guerrero played a portion of an audio recording of Martinez’s interview with police in which Det. Tiffany Williams asked Martinez whether he was a cold-blooded killer or whether the shooting was an accident. Martinez said it was an accident.

Poorboy said as Martinez was leaving the interrogation room, he turned toward Poorboy. 

“He had tears in his eyes and he asked me, ‘Sir, will you help me?’ And I said, ‘Yes, but you have to be honest.’” Poorboy said at that point Martinez and the police officers sat back down for a further interview.

In another audio clip, Martinez is heard telling police that “Everybody had guns,” and that the two men accompanying him each had .45s. When asked what he was carrying, Martinez said, “I think y’all know.”

Defense attorney Case Darwin had no questions for Poorboy, but Poorboy was put on a recall list.

The jury also heard recordings of a jail visit and phone calls from Martinez in jail and were given transcripts to read along with the recordings. A crime analyst with the Texas Department of Public Safety also testified about phone records acquired from Metro PCS and T-Mobile. 

The trial is ongoing in the 274th District Court under Judge Gary Steel. 

rblackburn@sanmarcosrecord.com

Twitter: @arobingoestweet