FAYETTEVILLE -- A Springdale man police say was one of four involved in a fatal shooting last year has been set for a five-day jury trial in September.
Three men were standing near a car when four men in a blue Ford Focus pulled up and demanded to know their gang affiliations, according to police. One of the three said he was in a gang, and one of the people in the car opened fire, killing Jimmy Rodriguez, 20, on April 11, 2015, in Springdale.
Rodolfo Martinez, 18, who police believe to be the gunman, is charged in Washington County Circuit Court with accomplice to capital murder and accomplice to the unlawful discharge of a firearm from a vehicle. Circuit Judge Mark Lindsay this week set Martinez' trial for Sept. 16.
Accomplice to capital murder is punishable by life in prison without the possibility of parole or the death penalty.
Martinez' attorney has filed motions challenging the constitutionality of the state's capital murder and death penalty statutes but Prosecutor Matt Durrett said Thursday he has decided not to pursue the death penalty.
Jose Delatorre, 18, believed to have been a passenger, is charged with accomplice to capital murder.
Giovanni Vasquez-Sanchez, 17, who police believe was the driver, is charged with accomplice to capital murder and accomplice to the unlawful discharge of a firearm from a vehicle.
All three men pleaded not guilty in May. Each will be tried separately.
Delatorre, like Martinez, faces life in prison without parole or the death penalty if convicted. Vasquez-Sanchez, because of his age at the time, isn't subject to the death penalty. Unlawful discharge of a firearm from a vehicle is a felony punishable by 10 to 40 years or life in prison.
A 13-year-old boy, believed to be a passenger, was arrested on preliminary charges of accomplice to capital murder and engaging in continuing criminal enterprise. His case is being handled in Washington County Juvenile Court. Information about his case is, therefore, unavailable.
NW News on 04/15/2016