Defendant claims self-defense in fatal encounter

Yahoo

07-05-2025

GOSHEN — A man on trial for firing seven shots at two men, killing one and wounding the other before running him over with his car, acted in self-defense, his attorney argued.
Joshua Peter Martinez, 24, is charged with murder and attempted murder in the shooting of Romulo Jesus Reyes and Carlos Martinez on Nov. 3. He allegedly opened fire after being kicked out of a Halloween party at a north Elkhart auto shop.
Reyes died at the scene despite life-saving efforts from first responders, while Carlos Martinez was hospitalized for gunshot wounds and injuries suffered when Joshua Martinez struck him with his vehicle while fleeing. Investigators said they found a vehicle in Joshua Martinez's possession that matched the one that fled the scene, and which had blood stains on the front.
'They took blood and tissue samples from the wheel wells and the front of the car and sent it off to a lab to be tested,' Elkhart County Prosecutor Vicki Becker told jurors in opening statements Tuesday morning. 'It probably won't shock you to hear it was Carlos. Pieces of Carlos.'
She told jurors the shooting occurred after a fight at the party earlier in the night. Joshua Martinez wasn't involved but was later pushed out of the party and told he needed to leave.
According to his attorney, he was kicked out due to a case of mistaken identity. Joshua Martinez and a friend who came to the party with him both walked back to their car, leading to a scene that jurors were told they would see unfold in security camera footage.
Becker said Reyes followed them to make sure they would leave. She said Joshua Martinez took off running at one point, which prompted Reyes to call for Carlos Martinez while running in pursuit so quickly that he lost his own shoes.
'Something caused them significant concern,' Becker said. 'The evidence will show they were trying to stop him from getting a gun. They were trying to protect.'
Joshua Martinez reached the gun in his car and opened fire, striking Reyes in the chest and Carlos Martinez in the neck.
She said he shot Reyes again in the back after he got back up and tried to flee, then ran him over multiple times while driving away.
They returned to his friend's house in Plymouth, where investigators later questioned them and found the vehicle, a black Honda Civic, as well as a handgun which they also tested. Becker said Joshua Martinez mentioned the accident but not the shooting when questioned about the previous night.
'We're not sure what was going through his head at that point. We'll probably never know. But the fact of the matter is, he lied,' she said. 'When the defendant used a gun, he knowingly killed Romulo, and had a specific intent to kill when he shot a deadly weapon at Carlos Martinez and then ran him over multiple times. That is what the evidence will show.'
'He's traumatized'
Joshua Martinez's attorney, Donald Schmid, told jurors that he was confronted by a large group of people as soon as he was ejected from the party. Schmid said Joshua Martinez was again the victim of mistaken identity as the crowd of around 10 people, who had been kicked out after the earlier fight, made threats to assault and kill him.
'They said in Spanish, 'Te vamos a matar,' which means, 'We're going to kill you,'' Schmid said.
He said a terrified Joshua Martinez and his friend just wanted to leave at that point but were followed to their car. Schmid questioned why the group involved in the fight weren't told to leave or why the two unarmed shooting victims would have followed him if they believed he was going for a gun.
Reyes reached the car and smashed the door into Joshua Martinez, according to Schmid. He said Martinez was terrified as he opened fire, and could have struck his own friend who was still approaching the car.
'That's how quickly he had to act to defend himself,' Schmid said. 'He's upset, he's traumatized, he has tunnel vision.'
He said Joshua Martinez had no obligation under the law to call the police after the shooting if he believed he acted in self-defense. He said the investigators who showed up at their door asked vague questions and that Martinez chose to use his right to remain silent and wait until he could get legal advice.
'After you hear all the evidence and consider it, I will ask you to uphold the fundamental right to self-defense,' Schmid told jurors. 'This was a tragic incident. It shouldn't have happened. And it wouldn't have happened if my client had not been chased.'