Probation given in assault case
September 26, 2019
A Green River man accused of strangling and throwing his pregnant girlfriend through a closet door was placed on supervised probation.
Michael Junior Martinez, 41, appeared in the Third District Court of Judge Nena James at a sentencing hearing to aggravated assault and battery and strangulation of a household member.
In exchange for Martinez’ guilty plea to a felony aggravated assault and battery charge, the felony strangulation of a household member charge was dismissed. He was given an 8-10 year prison sentence with credit given for 228 days served, this sentence was suspended and he was placed on three years supervised probation.
Under the terms of the probation, Martinez is not to have any contact with the victim in the case unless it’s approved in writing by the victim and his probation agent in consultation with the treatment provider. He has also been ordered to successfully complete a residential treatment program and attend a domestic violence program.
According to court documents, during an earlier change of plea hearing, Martinez was asked by Judge James to describe what happened.
Martinez said his girlfriend, identified in court documents as Michelle Brewer, had come home and they were pretty sure she was pregnant because she had taken an over-the-counter test that indicated she was pregnant. He said they were discussing the pregnancy, when his girlfriend brought up the subject of abortion.
“I ended up getting angry,” he said. “I remember pushing her into the closet door in the hallway of our apartment.”
“Then, I remember struggling with her on the bed, holding her down,” he said.
He then recalled letting her go and she left the apartment shortly after that.
When Judge James asked him to elaborate on why he got so upset when his girlfriend talked about getting an abortion.
Martinez responded, “She didn’t say she was getting an abortion. We were just talking about all the possibilities.”
He said they also discussed the possibility of adoption.
Judge James scolded Martinez for his violent actions saying the steps he took in anger could have caused his girlfriend to lose her baby in a miscarriage.