Date: 01-16-2017

Case Style:

Case Number: 1:16-cr-10001-CBK

Judge: Charles V. Kornmann

Court: United States District Court for the District of South Dakota (Hughes County)

Plaintiff's Attorney: Troy R. Morley

Defendant's Attorney: Neil K. Fulton and Edward G. Albright

Description: Pierre, SD - McLaughlin Man Sentenced for Domestic Assault by an Habitual Offender

A McLaughlin, South Dakota, man convicted of Domestic Assault by an Habitual Offender was sentenced on January 5, 2017, by U.S. District Judge Charles B. Kornmann.

Jason Martinez, age 41, was sentenced to 120 months in custody, 3 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.

Martinez was indicted by a federal grand jury on January 21, 2016. A Superseding Indictment was filed on July 19, 2016. He pled guilty on August 15, 2016.

The conviction stems from an incident on December 8, 2016, when Martinez and his girlfriend, the victim, were socializing with several friends at a residence in McLaughlin.

Following an argument, the victim returned to her residence and went down to the basement to gather her belongings. As she was in the basement gathering her things, the victim heard a noise behind her and when she turned and looked, she saw Martinez standing there. Martinez made a disparaging remark to the victim and he started to hit her repeatedly. He hit her all about her head, face, and legs. In addition, Martinez repeatedly threw her down to the ground and struck her repeatedly in the back.

The victim tried to remain curled up in a ball in the corner to avoid further injury, however, Martinez grabbed her, tearing a portion of the victim’s clothes. Martinez continued to strike her about the head, and as a result there was so much blood coming down her face that she was having a hard time seeing. Martinez would not stop hitting her.

As a result of the assault, the victim sustained multiple cuts, bruises, scrapes, and abrasions. The lacerations to her scalp were so deep that her skull was visible through the wound site. The victim needed stitches to close the wound from the various lacerations she had sustained.

This case was investigated by the Federal Bureau of Investigation and the Bureau of Indian Affairs, Standing Rock Agency.


Martinez was immediately turned over to the custody of the U.S. Marshals Service.

Outcome: Defendant was sentenced to 120 months in custody, 3 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.

Plaintiff's Experts:

Defendant's Experts:

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