Martin faces 2 new charges from fatal crash

Thursday, December 10, 2009

A Mountain Home man preparing for another retrial for vehicular manslaughter faced new charges related to the same incident during a preliminary hearing Friday morning.

In March 2010, Michael Martin will face his third trial in two years for his alleged role in a fatal car crash in 2007. In addition, Elmore County Prosecuting Attorney Kristina Schindele is now pressing charges to try Martin separately for felony drunk driving and another felony for leaving the scene of an accident.

Martin stands accused of running a car off the road near the intersection of Aguirre and Hilliard roads south of Mountain Home the morning of May 5, 2007. Juanita Ramirez and James Garner, both from Mountain Home, died after the car rolled over during the crash.

Testimony presented in two earlier trials suggested Martin forced Ramirez' car off the road following an argument he had with his girlfriend, Britta Shannon, a passenger in the other vehicle. During those trials, the defense argued that Martin and Ramirez were racing on Aguirre Road, also known as South 18th Street, when she lost control of her vehicle.

Martin was later charged him with two counts of second-degree murder with the included offenses of voluntary manslaughter and vehicular manslaughter.

During a trial ending July 25, 2008, a jury acquitted Martin of the murder and voluntary manslaughter charges, in part due to doubts on whether his vehicle actually struck the car driven by Ramirez. However, the jury never reached a verdict on the lesser charge of vehicular manslaughter.

See the Mountain Home News for the complete story.

Comments
View 22 comments
Note: The nature of the Internet makes it impractical for our staff to review every comment. Please note that those who post comments on this website may do so using a screen name, which may or may not reflect a website user's actual name. Readers should be careful not to assign comments to real people who may have names similar to screen names. Refrain from obscenity in your comments, and to keep discussions civil, don't say anything in a way your grandmother would be ashamed to read.
  • This guy has been in jail and court just about every 2 years since school. None of this is new folks. It's a matter of public record if anyone is concerned. I can't figure out why he is still out on the streets. If you look at his record, he seems to be in court (if I am reading this correctly)for new charges while other charges are pending. Seems he just can't stay our of trouble. Check the court records. Let's see, domestic violence, borrowing a car without permission, another accident and leaving the scene of that accident, and more and so on and so forth. Now he has another "accident. He seem to get a slap on the hand for these, and then just does it again. Maybe I am reading it incorrectly, but this is my opinion of what I am reading.

    -- Posted by midea on Thu, Dec 10, 2009, at 9:09 AM
  • This guys life isnt worth ANYTHING.....He's a piece of trash who has ruined countless lives and families not just with this incident but many many others. Obviously this parasite has no remorse at all for anything that he has done due to the fact he was smoking marijuana while on probation, fathering yet another child who sadly will not have fahter like hsi other 2 children, and the 3 children who are without their mother and father because this scum bag probably directly resluted in the loss of their lives. Hopefully justice will be served swiftly this 3rd time around so he cannnot reproduce again.

    -- Posted by mhg4316 on Thu, Dec 10, 2009, at 9:14 AM
  • No need to be ugly people. Unless you were there, none of you really know what happened. People change...

    -- Posted by ma78613 on Thu, Dec 10, 2009, at 4:46 PM
  • For a minute I thought midea was describing a Kennedy.

    -- Posted by maybeso on Thu, Dec 10, 2009, at 4:49 PM
  • For a minute I thought midea was describing a Kennedy.

    -- Posted by maybeso on Thu, Dec 10, 2009, at 4:49 PM
  • People change? Really? Testing positive for drugs while you are awaiting trial for murder? Doesnt sound like it to me.....

    -- Posted by kcp11 on Thu, Dec 10, 2009, at 6:32 PM
  • FBI Forensic experts PROVED beyond any doubt that the two vehicles NEVER EVER came in contact. The State Police proved that the vehicle did not leave the road abruptly (as it would have if they had been run off!) it left at a gradual angle but when hitting the soft field (again proven) the driver over corrected and flipped the car resulting in the deaths. The young woman may still be alive today if the ambulance could have gotten to her in less time then the 45 minutes they took to get there... when they were less than 6 miles away? That is criminal, if you ask me.

    I love your Christian charity.

    And what about the direct culpability of the Drunk female driver, drunk owner of the car and the rest of the drunk people involved. The people who lost their lives that night were not very concerned about their children when they were out late getting drunk and got in the car to find their fate.

    But all you KNOW-it-all's want to burn someone...just burn them and then not hold any of the others responsible.

    Why possibly is this man having problems, now... let's see maybe he isn't coping very well with surviving that night, could be part of his behavior since.... if he would have been the one killed who would all of you want to hang then?

    All involved are responsible! He is guilty of reckless driving... the rest is just the prosecutor trying to save face after spending thousands of taxpayers dollars and not going after the correct charge. TWO mind you 2 HUNG JURIES!!!!! not just one 2 !!!!! Both hung on reckless driving.

    I find it offensive that the only one to blame is that one man... ALL the others involved had NOT one little concern for their children while they were all being selfish having a good time... by-the-by does anyone even know where their children were that night... sleeping in the next room while they all got drunk?, acted like idiots and cost lives, hurt family and orphaned children?! Right only this guy is at fault.

    -- Posted by Whyarentyoulistening? on Sat, Dec 12, 2009, at 8:44 AM
  • correction- both juries hung on vehicular manslaughter. He is definitely guilty of reckless driving IMO.

    -- Posted by Whyarentyoulistening? on Sat, Dec 12, 2009, at 9:52 AM
  • He's had problems since he was in high school, and so they aren't caused from this accident. Check his court history. It's a little hard to have "Christian Charity" when he has a record that he has. Slap on the hand and away he goes.

    Why hasn't he testified? Better check that out. As for the jury decisions, how many on the jurors said he was guilty? Better check that out also. It's not okay to do what he has done "since" the accident just because he has a problem adjusting. That's trying to justify bad decisions and actions. That's an excuse. Also, better check the court case info a little closer about the cars hitting one another, and the evidence. Also, why she was moving over to the right of the road. As for the young lady surviving, you better check out the the medical information about her condition at the accident site. You can't blame or switch the focus to the ambulance personnel. The ambulance did take a while - yes, but what caused that? Their deaths were not the fault of the medical persons, you can't blame the death on them, to justify what happened. Find out why those people left the house, in the first place, and why they were driving away from him. Why he left the scene of the accident. What was the story that was apparently told about his involvement in the "accident" until one of the other passengers had a conscious and told the facts of the accident a couple of days later? Wasn't it after this came out that he was arrested? And further more, if it is terribly bad to have a party in your home and drinking while your children are there, then many, many adults are bad parents in your mind. One is grasping at straws and trying to switch the focus when saying th parents were bad parents because they had a party in their home. I don't know how many other parents have had parties, drinking, in their home while their children were in bed, but we did. Our parents did. Our grandparents did. Now we are all just bad parents. Give me a break.

    -- Posted by midea on Sat, Dec 12, 2009, at 10:45 AM
  • Midea, you apparently don't know the facts. You are just stating your opinion. Look at the transcripts. You opinions are not the facts. FACT - the FBI forensic specialist testified absolutely that those two cars never ever touched. like I said, read the transcripts.

    simple truth her injuries may have been survivable with immediate medical attention. Why did it take 45 minutes to get 6 miles? focus or not... there was a problem there.

    And dear one... let you hope that all the bad decisions you make never put you in a situation like all those people are in especially if someone like you has any input in your fate. Rumor monger.. no facts.

    The people who beat the child to death in Boise... guilty of murder. A group of people out making bad decisions, drinking, driving, acting like idiots which resulted in this horrific loss of life - two dead. Not in the same category.

    If this group of idiots had gone out on the main road and both cars involved, caused a family to run off the road and it killed the family coming home from granma's house late... who would have been to blame -the one driver Martin or both? Would the woman driving the car or the friends egging her on ... would you have held them in the same contempt you now hold this person?

    Because they were killed their responsibility and actions are not accountable? Nothing negates the bad decisions and selfish actions of all the people involved in this tragic car crash; but prosecute accordingly is my point that you can't grasp.

    And for all you blah blah blah.... you don't know the facts unless you read or listened to the testimony. I have read the transcripts... so get the facts. Even the newspaper didn't print the facts, in their story. Horrible "reporting"! Check the evidence.

    -- Posted by Whyarentyoulistening? on Sat, Dec 12, 2009, at 11:53 AM
  • You are trying to put this onto everyone else. A child dying in Boise has nothing to do with this. Stick to this young mans actions. Not what I or anyone else has done. He is on trial, not me, not another person. Switching the focus onto someone or something else, or another persons choices, does not relate to this mans' decisions.

    You wrote: "If this group of idiots had gone out on the main road and both cars involved, caused a family to run off the road and it killed the family coming home from granma's house late... who would have been to blame -the one driver Martin or both?" If a driver causes another driver to run off the road, then absolutely, the driver who caused the other to run off the road is at fault. That person made a decision - to pursue one way or the other. He made his decision to do what he did. He made the decision to keep doing what he was doing. No other person made that decision for him. He made the decision to pursue or not to pursue. No matter what the circumstance were, he made a choice. His decision/choices, no matter how you look at it, caused 2 deaths. Only he can be held responsible for his choices and or decisions.

    -- Posted by midea on Sat, Dec 12, 2009, at 2:20 PM
  • All I can say is example, comparison, analogies etc.. are beyond your scope. Your opinion is your opinion. Mine is mine. And mine is based on presented evidence and transcripts of the trials. Yours? Rumor, supposition, emotion and gossip; would be my guess.

    -- Posted by Whyarentyoulistening? on Sat, Dec 12, 2009, at 4:21 PM
  • The decision to get in cars drunk and drive was made by every single person (all 5) involved in that accident, based on your statements that makes all of them culpable for the deaths... You are right. I agree that all of them are responsible.

    -- Posted by Whyarentyoulistening? on Sat, Dec 12, 2009, at 4:27 PM
  • Dont get me wrong yea he needs to go to jail for felony drunk driving.I know these people personaly and I know the people that survived, and the people that past. The people that are still alive tell me what happen and yall that sit there and judge have no idea what happend. Yea hes been in trouble with the law, but thats beside that point. This is double jepordy he has been acquitted of these charges. Point being get ur facts right they were all adults and decided to get in there cars drunk............... this is 3 times now he has gone to court for this and 2 times has been proven not to have touch the car with his car check the with the FBI then come back with ur words.

    -- Posted by mminoty1 on Sat, Dec 12, 2009, at 8:08 PM
  • He made his choices. He now needs to take responsibility for those choices. No one else in the other car made him do what he did. He made that choice himself. He could have quit and let them be but, he continued on in anger. He was angry and he continued on trying to make them stop. He made that choice. Now - 2 individuals are gone.

    -- Posted by midea on Sat, Dec 12, 2009, at 10:14 PM
  • The 4 people in the other car could have stopped at any time also... they all CHOSE to get in the car DRUNK and drive. Where is their responsibility... why only the one. He is absolutely responsible for his choices!!!! I agree. But explain to me why you are absolving the other participants who made the same choice as him, why are they not on trial as well? Why are they excused? ALL 5 involved are responsible 2 paid for their choices with their lives. simple ugly truth.

    IMO here is what appears to be the mentality for the majority of this world----BLAME everyone or anyone else!!!...No one takes personal responsibility for their choices and actions.

    And sadly, it is people like you who perpetuate that behavior.

    All survivors of this horrible night have to live with the choices they made...all. It was a stupid, tragic completely avoidable accident that cost 2 lives; that cost children to grow-up without the love of a parent; it cost family's their loved ones... There is no changing that reality.

    So again I ask... why is this one person !only! being held accountable for ALL of their choices? Either prosecute all who survived or none. or just, Let them live and breath the life-sentence of living with their choices that caused all this horror and pain.

    If the prosecutor had appropriately charged and prosecuted this man for drunk driving in the first place, most of this conversation wouldn't even be occurring. No instead, 2 trials and now a third. This is a tragedy for the families to relive and relive and for the county to pay 10's of thousands of dollars for what should have been a simple truthful conviction... but she wanted to have a spectacle murder trial for which the evidence DID NOT SUPPORT.

    You can't blame just one for the choices of all. He is guilty of drunk driving not murder; and should have been tried for that 3 years ago. IMO

    -- Posted by Whyarentyoulistening? on Sun, Dec 13, 2009, at 9:48 AM
  • Midea, your comments on his state of mind are ONLY your opinion based on ?gossip?!.

    NO one *KNOWS* what was in any of the people that were involved- hearts or minds. No ONE!

    The stories are changing the more they are told from those who have survived. All involved made the BAD CHOICE of drinking and getting into a car, ALL! Not one of the 5 chose to stop and get out! Hence, this horrible tragedy.

    -- Posted by Whyarentyoulistening? on Sun, Dec 13, 2009, at 11:23 AM
  • Every person should be held responsible for their own actions and know the others in the vehicle are not on trial because they did NOT leave the scene of an accident they caused and they played no role in violence, the other person besides martin driving is now dead because he did run her off the road...but another died also..and FACT..FBI said the markes on Garners car was (consistant) of paint from Martins..consistant wont count as evidence against Martin...with out a doubt is evidence against him but theirs not enough paint to say with out a doubt that doesnt mean he is not-guilty just means he got lucky....sure is funny for someone that has nothng to hide until he is asked to take the stand..LOL..if he only has truth to tell then thats all he would need to remember on the stand and if he has done no wrong..case over.. this all would have been over three years ago and would have saved thousands of tax dollars..He doesnt seem to have problems talking to the paper about case and wasted taxes..like he has concern for tax dollars LOL..why just on this case? He has used lots of tax dollars just look at his record and time in jail just right before this happened...maybe it was all the courts fault then too!!lets keep the focus on Mike thats who IS on trial and we wont change that.

    -- Posted by mtn.home citizen on Wed, Dec 16, 2009, at 2:22 AM
  • also dont know where your getting all yur inf but you must be taking his word for it because your info infact was NOT said in court the way you write at all.Favoring sides is not looking at all this open minded and you seem pretty sure of your self..only one thats close to him would write so cold minded..THIS IS ABOUT MIKES BAD!!!...GET OVER IT..

    -- Posted by mtn.home citizen on Wed, Dec 16, 2009, at 2:32 AM
  • MHC, The FBI expert TESTIFIED in court .. BEYOND any doubt the two cars NEVER EVER EVER touched. Twice.. the FBI said the cars never touched.

    Maybe he wont testifiy because he is an American and it is his AMERICAN RIGHT to not have to testify.

    Maybe the woman who lost her life wasn't really the one driving the other car....maybe there are a lot more details no one is telling... maybe....

    Why not charge them all with wreckless endangerment, negligence and whatever else would possibly apply?

    Bottom line everyone involved in that wreck is responsible for what happened.!!!! everyone.

    The prosecutor needed and now needs to charge appropriately and stop wasting money instead of just trying hang someone anyone for this horrible loss.

    -- Posted by Whyarentyoulistening? on Wed, Dec 16, 2009, at 12:57 PM
  • First of all I would like to thank the ones who belive that Mike Martin deserves to get more than what he has. For everyone who thinks they know what has been said in court, maybe you should actualy go!! It was NEVER proved that the vehicles didn't touch!! And really it doesn't matter if they did. Martin actions caused the wreck. Why should the 2 that lived be charged? They did not drive and they didn't get so close to another car to scare someone. As for the other 2, they are gone. They paid their price. For the 2 that died their children were home with their other parents!!! Mikes children on other hand were right there around it all. It's not just Martin fault, but he did take part in it and needs to pay. And FYI Juanita could not have lived even if paramedics came right away.

    -- Posted by Broken Hearted on Thu, Dec 24, 2009, at 4:23 PM
  • bull. it was PROVED, in court by forsenic experts that the cars NEVER touched, try and lie to change it doesn't change it, look at the record!!!!!

    Juanita wasn't even driving if you listen to Brita's story she has told since then.

    So now what, will the other person who is directly responsible be prosecuted.... no. Oh yea, isn't Brita the mother of Mike's children! You are blinded by grief, yes Mike is responsible for his part in this sad story, however he is not only in that responsiblity. AND HE DID NOT COMMIT MURDER. All the bad decisions made by ALL involved are responsible, not just one. Your grief and others just want to blame one person and absolve the others. That is criminal IMO

    And how do you know she would not have survived if the prompt medical care had been received? You are foolish and vindictive only.

    -- Posted by Whyarentyoulistening? on Thu, Dec 31, 2009, at 10:25 AM
Respond to this story

Posting a comment requires free registration: