An Anchorage, Alaska man is going to stand trial later in 2013 for murdering his boss, but he was just sentenced this week to 65 years in federal prison for identity theft, weapons charges and entering the US illegally.
Javier Martinez, who is 49, is a citizen of the Dominican Republic, and was sentenced this week by US District Court Judge Ralph Beistline. The judge noted during the sentencing that Martinez is an extremely dangerous man, and it is important to get such people off the streets.
Martinez also is going to go to trial in December on a charge of first degree federal murder in the death of his former boss, Kerry Fadely, who was killed in 2011. Alaska state prosecutors allege that Martinez fatally shot Fadely one week after he lost his job at the Millennium Alaska Hotel.
The federal prosecutor on the case stated that Martinez was legally in the US but he was convicted of several drug crimes in Rhode Island and was ordered to vacate the US in 1992. He came back illegally in 1993.
Federal prosecutors state that Martinez was convicted on federal felony assault charges in Florida in an attack on a woman. He also was convicted of assaulting another woman in 1996 under a false name.
After he was released from prison, he got fake documents that said his name was Victor Flores and was from Puerto Rico. He used those documents to get work when he got to Alaska four years ago.
He was fired from the hotel in Anchorage and Martinez confronted Fadely with a .45 caliber pistol, saying ‘do you want some of this?’ and he then shot her 11 times.
The federal prosecutor on the case sought the maximum penalty on all charges, stating to the media that he sees no hope for the accused. Martinez’ defense attorney tried for a 20 year sentence on the federal charges. He noted that the prosecution’s case was based largely on a murder for which Martinez has not yet been convicted and had no way to defend himself.
His attorney stated that if Martinez is guilty of murder, that needs to be proven in state court.
The federal prosecutors said in courts that witnesses say Martinez shoot Fadely, and the autopsy report also supported this charge. The judge was convinced beyond a reasonable doubt that the defendant killed Fadely. He added that Martinez has very serious anger issues and he does not think through situations properly, and the safety of society is in jeopardy as long as he is free.
Martinez was convicted on a total of 12 federal charges: one count of reentry after deportation; five counts of making false claims of being a US citizen; five counts of ID theft; and one count of possessing a handgun by an illegal alien.
Interestingly, during his June trial, Martinez tried to tell the court that he had not really been deported. He said that he had gotten out of the rear of the airplane before it left the Dominican Republic, after he was escorted to the plane by immigration officials in 1992. He tried to make this claim to get around the charge of reentry after being deported.