By Brennan Rego
Editor’s Note: This is a follow-up to a story that appeared in the Dec. 12 issue of The Weekly Sun, titled “Hailey Man Sentenced In Sexual Battery Case.” In that story, The Weekly Sun was unable to answer why the Blaine County Prosecuting Attorney’s Office agreed to a plea deal with Marco Antonio Martinez-Reyes in which his charge was reduced from felony rape to misdemeanor sexual battery. This story answers that question.
A 19-yearold Hailey man charged with misdemeanor sexual battery for an incident involving a 16-year-old girl at the Carey hot springs in January, 2018, was sentenced on Monday, Dec. 3, in Blaine County Magistrate Court. Marco Antonio Martinez-Reyes was originally arrested by the Blaine County Sheriff’s Office on Jan. 14, 2018, under one count of felony rape; however, in August, he struck a plea agreement with the Blaine County Prosecuting Attorney’s Office to reduce the charge.
A recording of the sentencing hearing, which was combined with the change of plea hearing, indicates why the Prosecuting Attorney’s Office was willing to make the deal.
“I had spoken with the victim,” Blaine County Deputy Prosecuting Attorney Matt Fredback said at the hearing. “She chose this way to resolve the case. She’s on board and thought this was better than the alternative, which is letting it go to trial.”
The victim had gone to the hot springs on the night of January 13 with some female friends, Martinez-Reyes and the victim’s uncle, according to police reports included in court documents. Both Fredback and defense attorney Douglas Nelson said at the hearing that the group was drinking heavily and that both the victim and Martinez-Reyes had also used marijuana. Nelson said at the hearing that, according to one of the victim’s female friends, at some point, Martinez-Reyes and the victim became separated from the rest of the group by about 20 feet. At some point after that, the victim came running back to the group “in distress,” according to Fredback.
“She went to her uncle saying she’d been hurt,” Fredback said at the hearing.
The following morning, they reported the incident to the sheriff’s office. Martinez-Reyes was arrested that same day on a felony rape charge.
At the hearing, Fredback said he agreed to the plea agreement in August for a few reasons. First, he saw difficulties because of the victim’s and Martinez-Reyes’ proximity to the rest of the group during the incident.
“They should have, or could have, seen what was going on,” he said.
He said he was also “troubled” by the type of sexual contact that was alleged and the fact that there was “a lot” of it. Some of it appeared to him to require participation from both parties, he said.
“There were some witnesses who said that Mr. Martinez and the victim were sort of flirting leading up to this point,” he said.
Nelson said at the hearing that the female friend approached Martinez-Reyes and the victim at some point while they were away from the group and saw the victim “kissing on” Martinez-Reyes, that she was “all over him” and that “she told him if he was good” she would perform oral sex on him. Nelson said the friend then left the two alone because things were getting “hot and heavy” between Martinez-Reyes and the victim.
However, Fredback said at the hearing that regardless of whether things began consensually, they did not end that way.
“There’s no doubt that whatever happened back there in the dark away from everybody else was traumatic and serious enough where, when it ended, she came flying out of the hot springs, crying, screaming, and I think everyone there knew that something had seriously happened to her,” he said. “For me, there’s no doubt that there was absolutely a sexual battery.“
Fredback also said that alcohol was a “serious component” in the crime, but that just because someone is drunk does not automatically lead that person to batter a young female.
“Any time anybody forces themselves on a young female in a sexual nature is about as serious a battery as there is,” he said. “It needs to be sent home to him and to others that that kind of behavior is just not going to be tolerated.”
He added that the amount of time the case has taken to resolve has also made things frustrating, “particularly on the victim’s part.”
The maximum penalty for sexual battery is one year in prison and a fine of up to $2,000. Fredback requested at the hearing that Martinez-Reyes be sentenced to 90 days in jail, two years probation, a no contact order between the defendant and the victim, and that the court ensure the defendant stays sober.
Nelson argued that jail time has diminishing returns after about two weeks and maintained that, had the case gone to trial, Martinez-Reyes would have been deemed innocent by a jury.
Magistrate Judge Jennifer Haemmerle sentenced Martinez-Reyes 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.
“I apologize,” Martinez-Reyes said at the close of the hearing. “Especially for my drinking.”