Appeal denied for man who shot ex at Adient Manufacturing in 2022

LANSING — The Michigan Court of Appeals has upheld the conviction and sentencing of a man who shot his ex as she entered her job at Adient Manufacturing in 2022.

David Moses Martinez, 57, was arrested in Holland Township on March 28, 2022, after fleeing the scene.

The victim, a 51-year-old woman who'd recently broken up with Martinez, was entering work when he approached her from behind.

Martinez, who was on probation at the time, held a pneumatic pistol — an air-powered pellet gun — to her head in an entrance vestibule. The victim tried to push the gun away while attempting to shield her face and head. Martinez pulled the trigger and shot the victim in the hand, then ran.

He went to a family member’s apartment at Falcon Woods. Police identified his location around noon, leading to a seven-hour standoff.

More: Holland shooting suspect charged with assault, domestic violence

Officers eventually entered the apartment and arrested Martinez, using a Taser to stop him from reaching into his waistband, according to the case summary from the Michigan Court of Appeals.

Martinez was convicted by jury trial of assault with intent to do great bodily harm less than murder, third-offense domestic violence, carrying a dangerous weapon with unlawful intent, possession of a firearm during the commission of a felony, and assaulting, resisting or obstructing a police officer. He was sentenced to 25-75 years in prison.

The appeal of his conviction and sentencing was heard by Judges Mark Boonstra, Kathleen Feeney and Adrienne Young. They unanimously affirmed the decisions of the lower court.

In his appeal, Martinez argued Ottawa County's 20th Circuit Court abused its discretion on several matters — by granting the prosecutor’s motion to amend information to add a felony firearm charge; by denying a motion for a directed verdict; and by allowing the prosecutor to amend information to charge him as a fourth offense habitual offender.

The COA rejected all of these arguments and noted the additional felony firearm charge was not only not an abuse of discretion, but was dropped during sentencing and therefore brought no additional penalty or unfair prejudice to Martinez.

Martinez then argued he should've been granted a mistrial over a line of testimony from a detective. The COA said, because the testimony was objected to and the trial court sustained the objection, and because the testimony was struck from the record, any prejudice caused by the remark was remedied.

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Martinez lastly argued his 25-year minimum sentence was “cruel and/or unusual punishment.” Because his sentencing was within mandated sentencing guidelines, Martinez was required to further that argument. The court said he didn't.

“Defendant has not cited ‘unusual circumstances’ to show the trial court’s sentence of 25 years’ imprisonment is disproportionate,” the judges wrote. “Defendant has a significant history of domestic violence, resisting or obstructing the police, and driving while intoxicated.

"Defendant also has restraining orders against him related to several people based on his inappropriate conduct, and he has continued to try to contact the victim in this case from prison."

With his conviction and sentencing upheld, Martinez’s earliest release date is April 2, 2049. His latest release date is April 2, 2099. Martinez is housed in the St. Louis Correctional Facility in St. Louis, Michigan.

— Contact reporter Mitchell Boatman at mboatman@hollandsentinel.com .

This article originally appeared on The Holland Sentinel: Appeal denied for man who shot ex at Adient Manufacturing in 2022