[PRINT] Colorado Springs man who fired shots in Broadmoor neighborhood avoids jail time (copy)
A Colorado Springs man who shot in the air around numerous people with a rifle last year avoided jail time on numerous attempted murder charges after accepting a plea deal on Wednesday.
Joel Martin, 21, faced 17 charges, including four attempted first-degree murder charges, for discharging his firearm numerous times near the Country Club of Colorado near the 3800 block of Broadmoor Valley Road on Aug. 22.
A probable cause affidavit for the incident detailed that Martin crashed his car into the yard of a neighbors house, left the vehicle, and began discharging a firearm.
The affidavit states that Martin fired his weapon into the air, toward a parked vehicle and potentially at individuals in the neighborhood, though that was disputed by Martin’s defense attorney Tuesday.
Martin was apprehended by staff of the Cheyenne Mountain Resort, and no injuries were reported despite Martin allegedly discharging his firearm numerous times in the direction of several people, according to police.
Martin appeared in court on Wednesday morning for a plea hearing, where attorneys informed Judge William Bain that Martin had accepted a plea deal that would avoid a prison sentence.
Martin’s attorney, Mark Hanchey, stated to the court that Martin would plead guilty to one count of attempted first-degree murder, and 11 counts of felony menacing. Per the terms of the plea agreement, Martin would avoid prison time on all charges and be sentenced to a four-year deferred sentence on the attempted murder charge, and three years of probation on every menacing charge to concurrent to each other.
Hanchey said that there was significant evidence that shows Martin never had the intention to hurt anyone, but rather that his intention was to commit suicide “at someone else’s hand.”
“This was an attempted suicide, not an attempted murder,” Hanchey said to the court. “The only person he wanted to harm was himself.”
Prosecutor Sharon Flaherty said that agreeing to the plea deal was a “difficult” decision, but one that she felt comfortable with in the end. Flaherty explained that proving the entirety of the attempted murder charges would have been difficult due to Martin’s firearm experience, and the likely defense from his attorneys that with Martin’s firearm experience if he wanted to shoot someone, he would have.
Flaherty stated she was content with the plea deal because of the strict restrictions that come with the four-year differed sentence, the mandatory mental health treatment and that the plea would prohibit Martin from ever owning firearms again.
If Martin violates the terms of his deferred sentence, he would face up to 24 years in the Department of Corrections, according to Bain.
The victims of the incident were less content with Martin’s plea agreement.
Kris Rubio, one of the nine named victims, stated that Martin crashed his car on to his lawn and that when he went outside to check if he was OK, shots were fired.
“I was shot at twice, I heard the whiz of the bullets as they flew by my head,” Rubio said. “I do not agree that I was shot at twice on accident, I believe the rifle was purposely aimed at me.
“I’m afraid what will happen to me and my family next time he (Martin) has a bad day.”
Flaherty stated that a second victim, whose name was not mentioned in court, also expressed that they were unhappy with Martin’s plea agreement.
After about an hour of discourse, Bain accepted the plea agreement and proceeded to immediately sentence Martin to the four-year deferred sentence for pleading guilty to one count of attempted first-degree murder.
After accepting the plea agreement, Bain stated that he understood why the victims are upset, but that he always defers to the attorneys on plea agreements unless there is signs of clear incompetence. Bain also noted that he understands that the plea agreement was signed off on by 4th Judicial District Attorney Michael Allen.
Martin appeared to court out of custody on Wednesday after posting a $250,000 cash bond in November, approximately three months after the shooting.
Joel Martin
