Movement in Springdale murder case

FAYETTEVILLE -- One Springdale teen is appealing after a judge refused to transfer his murder case to juvenile court and a second young man is fit to stand trial in the case.

Three men were standing near a car in Springdale in April 2015 when four other men in a blue Ford Focus pulled up and demanded to know their gang affiliations, police said. One of the three said he was in a gang, and one of the people in the car opened fire, killing Jimmy Rodriguez, 20, police said.

Legal Lingo: Mental defect

Defined as mental retardation, brain damage or other biological dysfunction associated with distress or disability causing symptoms or impairment in at least one important area of an individual’s functioning and is defined in the current Diagnostic and Statistical Manual of Mental Disorders of the American Psychiatric Association.

Source: uslegal.com

Police believe Rodolfo Alberto Martinez, now 20, was the gunman. He's charged with accomplice to capital murder and accomplice to the unlawful discharge of a firearm from a vehicle.

Doctors at the Arkansas State Hospital say Martinez didn't display signs of a mental disease or disorder during their psychiatric evaluation of him. They also say Martinez understands the proceedings against him and is able to assist in his defense. Martinez, according to the doctors, can appreciate the criminality of his actions and has the capacity to conform his behavior to the requirements of the law.

Doctors diagnosed Martinez, according to their report filed Wednesday, with an anti-social personality disorder and malingering, or faking of symptoms.

Giovanni Vasquez-Sanchez, who police said was the driver of the car, is charged with accomplice to capital murder and accomplice to the unlawful discharge of a firearm from a vehicle.

Lawyers for Vasquez-Sanchez, who was 17 at the time but is almost 20 now, asked Washington County Circuit Judge Mark Lindsay to transfer the case to juvenile court. Prosecutors opposed the move and Lindsay denied the motion.

Kent McLemore, attorney for Vasquez-Sanchez, filed an appeal of Lindsay's decision to the Arkansas Court of Appeals on Wednesday.

In his order, Lindsay noted the killing happened three days before Vasquez-Sanchez turned 18 and Vasquez-Sanchez could be held at the state Division of Youth Services only until 21, which wouldn't be enough time to rehabilitate him.

Lindsay added Vasquez-Sanchez is an admitted gang member who has an extensive juvenile court history.

Lindsay agreed with prosecutors there's ample evidence the crime was aggressive, violent, premeditated and willful.

Jose Delatorre, 18 at the time, is believed to have been a passenger. He is charged with accomplice to capital murder.

Martinez, Vasquez-Sanchez and Delatorre are being held at the Washington County jail with no bond set pending trial.

A 13-year-old was also involved but no information about his case is available.

Accomplice to capital murder is punishable by life in prison without the possibility of parole or the death penalty. 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.

NW News on 03/23/2017

Upcoming Events