Martin Mendoza

Case summary

Martin Mendoza was a short-tempered Nevada construction worker. He killed two stepdaughters and a niece when he went searching for his estranged wife.

Rocio Cervantes had fled Carson City, Nevada for her brother’s house after her husband, Martin Mendoza, was arrested on a domestic battery charge for beating his stepdaughter. Three weeks later, on January 26, 1996, Martin Mendoza showed up at his brother-in-law’s home in Landers, California, with blood on his mind. As the family was getting the children ready for school, Mendoza knocked on the door and pulled out his gun. Angelica Cervantes, Rocio Cervantes’ sister, managed to call 911 before Mendoza fired shots into the house and threatened to kill everyone.

Mendoza grabbed Sandra, his 13-year-old stepdaughter, whom he admitted having beaten previously in Carson City, and held the gun to her head. When police arrived, he had three children in his car and Sandra in a headlock. Mendoza shot Sandra at point-blank range, killing her instantly. He then fired into the car full of children, killing another stepdaughter and a niece, and wounding his biological son before police fired back, wounding Mendoza.

Mendoza then ran to the back of the house where he was tackled and disarmed by his brother-in-law.

Timeline

• January 26, 1996 — Mendoza arrived at his brother-in-law’s home in Landers, California, with blood on his mind, knocked on the door, pulled out his gun, and fired shots into the house; he held Sandra in a headlock and later shot her at point-blank range; he then fired into the car where children were waiting to go to school; he was eventually tackled and disarmed by his brother-in-law.
• August 28, 1997 — Mendoza was convicted of three counts of murder.
• September 29, 1997 — A Sacramento jury recommended the death penalty.
• November 21, 1997 — The death penalty could be formally accepted by the judge.
• December 24, 1997 — Mendoza was sentenced to death.

Background

Mendoza and his wife, Rocio Cervantes, had domestic problems. Authorities said Mendoza’s wife fled the couple’s Carson City home with the children to escape domestic violence. Mendoza had been arrested for domestic battery after Sandra said he hit her several times with a belt to punish her for not helping him wash his car.

Carson City Justice of the Peace Robey Willis let Mendoza stay out of jail on condition he got counseling for his anger and alcohol use and stayed out of trouble for a year. The next day Mendoza told his bosses he was leaving town, according to colleagues.

Mendoza received a 30-day suspended sentence for hitting Sandra with a belt on January 7 and pushing her down.

The offence

Mendoza went searching for his estranged wife. Rocio Cervantes had fled Carson City, Nevada, for her brother’s house after Mendoza was arrested on a domestic battery charge for beating his stepdaughter.

On the day of the killings, Mendoza drove from Carson City, Nevada, to his brother-in-law’s house in the San Bernardino County desert community of Landers where Cervantes had fled. He arrived as the family was getting the children ready for school. He knocked on the door, pulled out his gun, and began firing.

Mendoza held Sandra in a headlock. When deputies driving up to the front yard arrived, they watched as he held Sandra and shot her. Mendoza then opened fire on a car in the driveway where three other children were waiting to go to school. He already had taken a shot at his brother-in-law and missed.

Sheriff’s deputies were summoned and a standoff ensued, resulting in an exchange of gunfire before Mendoza was apprehended trying to flee the house. When deputies entered, they found the victim’s stepdaughter, Sandra Resendez, dead in a pool of blood.

Wendy Cervantes (described as Mendoza’s niece in the case summary) and Eric Resendes (described as Mendoza’s stepson) had been shot and died before emergency personnel arrived. A biological son of Mendoza survived with a minor bullet wound, and another child was unhurt.

Witnesses testified that Mendoza was upset that his wife left him and that he blamed his 13-year-old stepdaughter. Rocio Cervantes testified that she left Mendoza because Sandra said Mendoza had been molesting her.

Verbatim statements

Rocio Cervantes testified:

“I’ll never be able to forgive him,” Rocio Cervantes testified Tuesday against her estranged husband, Martin Mendoza. “They were my children.”

During her testimony, Rocio Cervantes said:

“I feel that I was at fault for what happened to them because Martin came looking for me,” Cervantes said. “I think the problems were with me, not with my children. I feel that I am never going to forgive myself.”

Mendoza’s wife also testified about his threats and commands:

“He told Sandra, `Look at your mother ... and remember how she is. If you hadn’t told your mother (about alleged sexual abuse) she would still be with me. And now you are both going to die,’ “ Cervantes testified.
“He was telling her not to cry because he was going to kill us anyway,” Cervantes said.
“He wouldn’t let go of Sandra.”

According to her testimony, Mendoza arrived at the Landers home of relatives and muttered at one point that he was not to blame for what was about to happen:

“Wait. You’ll find out soon what’s going to happen.”

Investigation and arrest

Sheriff’s deputies were summoned and deputies planned to check Mendoza out of a hospital and take him to a detention center. Investigators expected to hand the case over to prosecutors for Mendoza to be arraigned on murder charges.

Also arrested in the murder investigation was Jose Soria Delgado, a nephew of Mendoza accused of driving him to the house. Authorities said Delgado drove away when he saw trouble brewing.

Mendoza was wounded during the gunfire; an officer shot him in the shoulder. After the shooting, Mendoza ran into the back yard where he was taken down and handcuffed.

Trial

On August 28, 1997, Mendoza was convicted of three counts of murder.

On August 29, 1997, jurors convicted Mendoza of the first-degree murders of his two stepchildren and a niece, and the attempted murders of two sheriff’s deputies and two relatives. The jury deliberated about five hours over two days before finding Mendoza guilty of the January 25, 1996, murders of Sandra Resendez, 13, Eric Resendez, 11, and Wemdy Cervantes, 11.

Mendoza was also convicted of one count of assault with a deadly weapon.

The jury deadlocked 9-to-3 in favor of acquittal on a fifth charge of attempted murder involving Mendoza’s 9-year-old son, Martin Mendoza Jr. Trial testimony was unclear as to whether the bullet that struck the boy was a ricochet or had been deliberately aimed at him.

Superior Court Judge James Edwards scheduled the penalty phase to begin September 13. The jury would decide whether Mendoza would be sentenced to death or life in prison without possibility of parole.

Deputy District Attorney David Whitney predicted early verdicts in the case and told jurors during his closing argument:

“I think it’s just such an overwhelming case. “He executed children. Executed them,”

Defense attorney Arthur Katz pleaded with jurors to return verdicts of voluntary manslaughter, or at most, second-degree murder. He argued lesser verdicts were warranted because the shootings were impulsive acts prompted by a quarrel, heat of passion, alcohol and overzealous response by deputies.

The defense claimed it was a violent end to a domestic dispute provoked by a deputy who arrived at the Landers home with lights and sirens on, even though a relative begged a 911 operator to have deputies approach quietly through a back route due to fears deputies would set off Mendoza.

Prosecutors said Mendoza followed his wife and family—including her two children from a previous relationship and the couple’s three children—after they left the family home in Carson City, Nevada and went to her brother’s home in the San Bernardino County community of Landers. Mendoza confronted his and his brother-in-law’s families with a semi-automatic handgun during early morning hours as the children were preparing to go to school.

Prosecutors said Mendoza bought extra ammunition, duct tape and a knife and detailed his plans to his nephew five days before the shootings, indicating premeditation. Prosecutors said Mendoza pleaded guilty three days before the shootings to misdemeanor domestic battery for beating 13-year-old Sandra, and that Sandra later recanted an allegation that Mendoza sexually molested her.

Verbatim statements

Arthur Katz told jurors:

“The guilty verdicts guarantee that Mendoza will die in prison, said defense attorney Arthur Katz during his opening statement. The only lingering question is how he will die, he added. “The hardest thing for me to do is to come back before you after you have rejected us,” he said.

Sentencing

A penalty phase began in September 1997.

On September 29, 1997, a Sacramento jury recommended the death penalty, which could be formally accepted by the judge on November 21.

On December 24, 1997, Mendoza was sentenced to death by Superior Court Judge James A. Edwards. The sentencing used the penalty recommended by a jury in September.

Aftermath

Rocio Cervantes testified during the penalty phase. She said:

Cervantes told jurors that she still makes late-night visits to the crime scene.

Antonio Cervantes, Rocio Cervantes’ brother, told jurors that his family was ruined, that he had lost his job because his wife and sister were suicidal for six months after the shooting, and that he and his wife were now close to divorce. He said:

“I have four children,” he said. “And after four of them, my daughter Wendy was the noblest of them all.”

Mendoza’s supervisor, Mark Crook, said:

“I never would have expected that from the guy,” said Mark Crook, Mendoza’s supervisor at Tedesco Construction in Reno where Mendoza was responsible for heavy equipment.

Company owner Greg Tedesco said:

“He was so conscientious he was being considered for a promotion, said company owner Greg Tedesco.

Adrian Obeso, described as a brother-in-law in Carson City, said:

“He was a very nice guy, always laughing and playing with the kids. But when his wife left, I think he was thinking too much and went a little crazy,” said Adrian Obeso, a brother-in-law in Carson City.

Other details

Mendoza was described as a 34-year-old construction worker, and the case described him as a Nevada construction worker from Carson City.

Mendoza’s wife was identified by San Bernardino County authorities as Rocio Cervantes; colleagues and neighbors in Carson City knew her as Maria Mendoza.

Mendoza was also identified by the sheriff’s department as Martin Garcia-Mendoza.