David Martinez

Parties and identifiers

David Martinez was convicted and sentenced to death for the 1994 capital murder of Carolina Prado and her 14-year-old son, Erik Prado.

Timeline

• July 10, 1994 — Carolina Prado, Erik Prado, and Belinda (10) went to sleep at Carolina’s home in San Antonio; Martinez was in the bedroom Carolina shared with him.
• July 11, 1994 — Belinda awoke to the sound of a bat hitting something; Martinez beat Erik with a baseball bat. Martinez told Belinda to be quiet or he would “kill [her] too,” led her at knife point into Erik’s bedroom, tied her up, and later gave her a note that read, “I messed up. I’ll be at the friends on the east side.” Martinez telephoned Rosa Ramirez at approximately 5:10 a.m.
• Approximately 8:30 a.m. (July 11, 1994) — Belinda handed Rosa Ramirez the note and told her, “Erik has a lot of blood on his head.” Rosa Ramirez found Erik’s body in the living room and, without searching for Carolina, left to call police.
• Two days after the murders — San Marcos police officers arrested Martinez at his grandmother’s residence.
• October 4, 1994 — A Bexar County grand jury indicted Martinez for capital murder in the deaths of Carolina and Erik Prado.
• May 6, 1998 — Martinez filed an application for writ of habeas corpus in the state trial court.
• October 25, 1995 — A jury found Martinez guilty of capital murder and sentenced him to death.
• July 2, 2003 — The Texas Court of Criminal Appeals denied habeas relief.
• June 28, 2004 — Martinez filed a petition for writ of habeas corpus in a San Antonio U.S. district court.
• March 29, 2006 — The federal district court denied habeas relief on all of Martinez’s claims.
• March 17, 2008 — The Fifth U.S. Circuit Court of Appeals affirmed the district court’s denial of habeas relief.
• June 27, 2008 — Martinez filed a motion in the federal district court seeking to waive any further appeals.
• July 28, 2008 — An evidentiary hearing was held to determine Martinez’s competency to waive the remainder of his appeals.
• July 29, 2008 — The federal district court found Martinez competent to waive the remainder of his appeals.
• August 21, 2008 — The trial court entered an order setting the execution date for February 4, 2009.
• February 4, 2009 — Martinez was executed by lethal injection in Texas.

Background

During the summer of 1994, Martinez began living with Carolina Prado and her two children, Erik and Belinda (10), at Carolina’s home in San Antonio. Carolina shared a bedroom with Martinez. Erik slept on a mattress in the living room.

Rosa Ramirez, Carolina’s mother, testified that she first met Martinez in June 1994 when Carolina introduced him and said she and Martinez were going to live together.

The offence

Belinda was later awakened by the sound of a bat hitting something. She saw Martinez standing over Erik and striking him in the head with a baseball bat. Belinda watched as Martinez struck Erik five or six times. Belinda told Martinez to “behave,” and Martinez told her to “be quiet” or he would “kill [her] too.”

Belinda asked where her mother was. Martinez said she was in the shower. When Belinda did not find her mother in the shower, Martinez led Belinda, at knife point, into Erik’s bedroom where he tied her up. After Martinez dressed himself, he gave Belinda a handwritten note, which read, “I messed up. I’ll be at the friends on the east side.”

After Martinez left the house, Belinda waited a few minutes before walking to her grandmother’s house.

Investigating police officers later found Carolina in her bedroom, beaten to death. Erik had been beaten to death in the living room.

A baseball bat “with apparent blood and hair on it” was recovered from the residence. Blood and brain matter were found on the walls and ceilings throughout the bedroom and living room.

Autopsy findings

An autopsy established Carolina Prado had:

• A large contusion on her right shoulder and arm
• A bruise on the back of her elbow
• Bruising of the eyelids secondary to a massive skull fracture
• The right side of her head caved in due to blunt trauma
• Multiple fractures in all areas of the skull, including behind the eye and at the base of the skull
• A massive multi-rayed laceration on the right side of her head with multiple loose fragments of skull
• Loss of approximately one-half of her brain tissue from her cranial cavity due to massive blunt force trauma
• Death as a result of multiple, massive skull fractures and severe underlying brain injuries

An autopsy established Erik Prado had:

• A large contusion above and behind the right ear accompanied by a large laceration due to bony skull fragments and brain matter protruding from the defect
• Two smaller lacerations just behind the larger one
• A hinge fracture laterally across the base of the brain from ear to ear
• Likely immediate unconsciousness and death almost immediately after he was assaulted
• A “tremendous blow” by something heavy
• No sign of defensive injuries
• Death as a result of cranial cerebral injuries, including severe fractures of the skull and severe underlying brain injuries

Investigation

Arrest and custody

Two days after the murders, San Marcos police officers arrested Martinez at his grandmother’s residence.

When Martinez saw officers inspecting a baseball bat in the bedroom where he was found, he stated, “That’s not it.” During transport to the Hays County Jail, Martinez asked if they were going to San Antonio and wanted to know “who ratted on him.” Martinez also bragged, “Yeah, you know, I killed them just like cockroaches.”

Confession and statements

Martinez later confessed to the murders of Carolina and Erik Prado, asking that he be given the death penalty.

Martinez stated that he was “freaking and tripping” at the time because he had consumed a twelve-pack of beer and a bottle of rum.

A statement included a portion written by Martinez himself: “I feel for the actions I took, I’m requesting the only just sentence for me is the death penalty. I took the life of someone who I cared about a lot. I feel that I can never bring her back. Please give me the death penalty for mine and everybody else’s sake. I’ll never forget Carol. The pain dwells within my heart forever. Carol, wherever you are, please forgive me. I do love you.”

In his written confession, Martinez stated: “I want to talk to you about what I remember about the murder of Carol Prado and Eric Prado, 231 Obregon, San Antonio, Texas, on Monday, July the 11th, 1994. I have been dating Carol for about two months. I had drank a 12-pack of Bud Light beer, a big bottle of Bacardi rum. I got off work at Handy Andy at 1:45 a.m., and I walked to Carole’s house. I am living with Carole, and when I got home I started drinking. I got home about 1:50 a.m. When I got there, Carole was awake. Eric was asleep in the living room on a mattress on the floor. Belinda was on the couch also in the living room. Belinda was awake. I had a friend of mine there but I don’t want to tell you who he is. I walked my friend down the street at about 3:00 a.m., and I returned a short time later. I went outside and drank more, and then I walked down the street and threw the bottle. I went back in the house at 5:10 a.m. I was freaking and tripping and I hit Carole for no reason. I picked up a baseball bat that I tripped on. It was wooden. I hit Carole in the head with the bat. I must have hit her a lot to make her pass away. When I came in at 5:10 a.m., she told me to call her mom and tell her mom that she was going to stay home with the kids and would not be going to work. After I hit Carole, I went back to the living room and put the bat on the side of the couch, and I sat on the couch. Belinda was half awake and half asleep. Belinda wanted to go see her mother, and I told Belinda not to go in the bedroom because Carole was in the shower. I didn’t want Belinda to see her mother. I told Belinda to lay down and go to sleep. I thought I saw Eric coming at me, so I grabbed the bat and hit him in the head. I realized he was still laying on the floor. I stood up and hit Eric about four times with the same bat. I looked at Eric and said to myself, What the f*ck AM I doing. I then tied Belinda’s hands in front of her with a tie. I told her to go to her grandmother’s house after I left. I tied her hands loosely. Belinda asked me what she was supposed to tell her grandmother. I then wrote a note that said “I messed up. I’LL be on the Friends at the EAst side.” I gave Belinda the note. I then left and went to a friend's house on the east side of San Antonio. I told him what I had done and I asked my friend to just put a bullet in my head. I can't give you my friend’s name. I don’t know why I hit Carole and Eric. Carole had told me when I came home that she had seen me talking to a lady at Handy Andy but we didn’t argue. I understand my rights and I am waiving my rights and I am giving this statement because I want to. My statement is true and correct and this happened in San Antonio, Bexar County, Texas.”

Martinez also wrote an appendix in his own handwriting: “I feel for the actions I took, I'm requesting the only just sentence for me is the “Death Penalty.” I took a life of someone who I cared about a lot. Please, give me the “Death Penalty”!! I'll never forget Carol. The pain swells within my heart forever. “I Do Love you”!!”

At his trial, Martinez denied killing Carolina Prado or Eric Prado, denied sexually molesting Belinda Prado, and denied giving the written confession admitted into evidence. He claimed he was intoxicated when he “gave” his confession and that he wrote what law enforcement officers told him to write after they threatened additional charges. He also claimed he never read the confession he signed and denied he had a drug or alcohol problem, while admitting he drank liquor and smoked marijuana on the night of the murders.

Trial

A Bexar County grand jury indicted Martinez for capital murder, charging that he:

1. murdered Carolina Prado by striking her with a deadly weapon, i.e., a bat;
2. murdered Erik Prado by striking him with a deadly weapon, i.e., a bat; and
3. committed both murders during the same criminal transaction.

Competency and sanity

On October 20, 1994, Martinez’s trial counsel filed motions requesting evaluations for competence to stand trial and for sanity. On October 26, 1994, the trial court granted those requests. On January 9, 1995, Dr. Julia B. Spears filed separate reports concluding Martinez was not insane at the time of his offense and fully competent to stand trial.

Motions to suppress

On October 19, 1995, the state trial court held a pretrial hearing on Martinez’s motions to suppress his confession and various items of physical evidence obtained by police during the course of the investigation.

At the conclusion of the hearing, the trial court overruled the motions to suppress and found Martinez had no standing to challenge seizures at either location. The trial court ruled that:

• Martinez’s written confession was freely and voluntarily given and admissible; and
• Martinez’s inculpatory oral, post-arrest statements were also admissible.

Verdict

After deliberating slightly more than an hour, the jury returned its verdict finding Martinez guilty of capital murder.

In the punishment phase, the prosecution presented testimony regarding Martinez’s criminal history and misconduct in detention, as well as testimony from a psychologist about antisocial personality traits and risk.

The defense presented witnesses who knew Martinez growing up and asked for mercy. Martinez also testified.

On October 30, 1995, the jury returned its verdict recommending a death sentence.

Sentencing

Martinez was sentenced to death.

Appeals

Direct appeal

• November 4, 1998 — Martinez’s conviction and death sentence were affirmed on direct appeal.
• October 4, 1999 — The U.S. Supreme Court denied certiorari review.

Habeas corpus

• district court.
• March 17, 2008 — The Fifth U.S.

Prior criminal history

On December 13, 1988, when Martinez was sixteen years old, he was placed on juvenile probation for committing six burglaries of a building. Less than one week later, on December 19, 1988, Martinez was arrested for a subsequent burglary of a building and an additional probation violation.

On December 29, 1988, Martinez was interviewed by a juvenile probation officer, who informed Martinez the officer would recommend placement in the custody of the Texas Youth Commission (“TYC”). Martinez became “very mad” and told the officer that “he was going to kill him once he was released.”

On January 30, 1989, a court ordered that Martinez be placed in the custody of TYC.

While housed at TYC, Martinez threw a chair, breaking an aquarium, in response to being informed his requested furlough had been denied. Martinez also escaped from a TYC facility and later discharged his TYC commitment on May 9, 1990.

On May 14, 1991, Martinez entered a guilty plea to attempted sexual assault and received a ten-year probated sentence. The underlying offense occurred on May 30, 1990, when Martinez entered a shoe store in McAllen and assaulted the store manager as she returned from the storage area with shoes for Martinez to try on.

On June 17, 1992, Martinez pleaded true to numerous probation violations and was sentenced to five years in prison. Martinez was released to parole on December 2, 1992. In July 1993, Martinez stopped reporting to his parole officer; a parole violator warrant was issued on September 10, 1993. On August 4, 1994, Martinez’s parole was revoked based on admissions to parole violations, including failing to report, changing residence, failing to attend counseling, failing to pay supervision fees, and committing capital murder.

While incarcerated in the Bexar County Adult Detention Center awaiting trial for the murders, Martinez threatened two detention officers, kicked his food tray at an officer, disobeyed an order by changing the channel on television, and attempted to control and manipulate other inmates.

Other details

Family and witnesses at trial and execution

Belinda Prado witnessed the killing of her mother Carolina and her brother Erik. Belinda testified at trial and told jurors she was awakened by the sound of a baseball bat hitting her brother’s head and that she saw Martinez standing over Erik.

Belinda was held by an uncle at the execution and had to use a wheelchair to leave the witness room. She declined to speak with reporters after the punishment.

Evidence disputes and trial positions

At trial, Martinez said police coerced him into making a confession and denied any role in the murders. He also said he was intoxicated at the time he “gave” his confession.

A state forensic documents examiner established that the same person wrote the final paragraph of Martinez’s handwritten confession and the note Martinez gave to Belinda Prado.

Execution details and final statements

Martinez was pronounced dead at 6:18 p.m., about eight minutes after lethal drugs began to flow.

Martinez made the following statements: “Nothing I can say can change the past,” Martinez told his relatives and the victims’ family members who witnessed the execution. “I am asking for forgiveness. Saying sorry is not going to change anything. I hope one day you can find peace. I am sorry for all the pain that I have caused you for all those years.” Martinez also told witnesses he hoped they could find peace and advised them to “keep on going and it will be OK.” As the drugs began taking effect, he mouthed, “I'm sorry. I truly am.” In another version of his last statement, Martinez said: There is nothing else I can say that can help you.” He also expressed love to his family and apologized for making them grieve: “I am sorry to put you through this as well,” Martinez said. “I can't change the past. I hope you find peace and know that I love you. I am sorry. I am sorry and I can't change it.”

Medical/mental evaluation references

On January 9, 1995, Dr. Julia B. Spears filed reports concluding Martinez was not insane at the time of his offense and was fully competent to stand trial.

A Hidalgo County psychologist testified at the punishment phase that Martinez was not mentally ill and posed an obvious danger to society, and that he refused to admit he had sexually assaulted the shoe store clerk even after pleading guilty.