Marco Antonio Martinez-Reyes Receives Misdemeanor, 41 Days In Jail
By Hayden Seder & Brennan Rego
A Hailey man charged with misdemeanor sexual battery for an alleged incident involving a 16-year-old girl at the Carey hot springs in January, 2018, was sentenced in Blaine County 5th District Court on Dec. 3.
According to court documents, Magistrate Judge Jennifer Haemmerle sentenced Marco Antonio Martinez-Reyes, 19, to 360 days in jail, with 319 suspended and six days credit for time served—totaling 41 days, with 35 more to serve. Martinez-Reyes is eligible for work release after serving 14 more days. The court also ordered him not to have unsupervised contact with females under the age of 18, except relatives, and ordered him to have no contact with the victim.
The court fined Martinez-Reyes $2,000, with $1,500 suspended, and ordered him to pay court costs of $457.50. He must also complete 24 months of supervised probation (including classes for substance abuse and mental health), abstain from alcohol and controlled substances not prescribed by a physician and not be in physical control of a vehicle after having consumed any alcohol or controlled substances.
Martinez-Reyes was originally arrested by the Blaine County Sheriff’s Office on Jan. 14, 2018, under one count of felony rape.
In August, he struck a plea agreement with the Blaine County Prosecuting Attorney’s Office and the charge was reduced to misdemeanor sexual battery.
According to a news release from the Sheriff’s Office, the Sheriff’s Office received a report from the victim on Jan. 14 alleging that Martinez-Reyes had raped her the previous night at the hot springs, east of Carey. After investigating the report, the Sheriff’s Office arrested Martinez-Reyes.
After a preliminary hearing on Jan. 30, the case was bound over to Blaine County 5th District Court with an original charge of one count of felony rape under Idaho Code 18-6101(4)—rape in which a victim resists but resistance is overcome by force or violence. That charge carries a maximum penalty of life in prison and a minimum of one year.
When asked in an interview why the Prosecuting Attorney’s Office agreed to the misdemeanor plea instead of pursuing the felony charge, Matt Fredback—the prosecuting attorney for the case—said, “This case is difficult and I have to be sensitive as to what I can say. Rather than speak out of formal context, which can be dangerous in my position, I would refer you to the audio recording of the sentencing hearing. It would answer your questions.”
Editor’s Note: The Weekly Sun was unable to access an audio recording of the sentencing hearing before press deadline on Tuesday. See next week’s paper for a story on why the Prosecuting Attorney’s Office agreed to the plea deal.