Jose Maximo Martinez, 24, Thief River Falls, was sentenced for two felony offenses of fourth-degree assault of a peace officer and a misdemeanor offense of domestic assault. A felony charge of fourth-degree assault of a correctional officer and a gross misdemeanor charge of obstruction of the legal process – resisting arrest with force – were dismissed.
For the former felony charge, Martinez was granted a three-year stay of imposition. As a condition of the sentence, he was ordered to serve supervised probation for three years. Martinez was ordered to complete a chemical assessment. He was ordered to not use or possess firearms, ammunition, or explosives. Martinez was ordered to provide a DNA sample. He was also ordered to pay $210 in fees and fines.
For the other felony, Martinez was granted a three-year stay of imposition. As a condition, he was ordered to serve supervised probation for three years and pay a $50 fine. For the misdemeanor, Martinez was ordered to serve 60 days in jail with credit for 44 days served. His jail time was considered to be served. Martinez was also ordered to pay a $50 fine.
The charge stemmed from a domestic disturbance on Oct. 14 at 12:44 a.m. at a home in the 300 block of Tindolph Ave. N., according to the complaint. Shortly afterward, police saw Martinez and a woman in the backyard. Martinez said his girlfriend had texted him to come to the home.
He said after he arrived, they argued and he then left. He continuously told police to look at the text messages, but he didn’t provide further clarification. Martinez didn’t answer any other questions after the police began talking to his ex-girlfriend. He slapped her across the face before police arrived.
After he was told that he was being arrested, Martinez resisted arrest by not following commands. A brief struggle ensued between Martinez and two police officers with the officers using wrist locks to ensure his cooperation in being handcuffed. Two sheriff’s deputies assisted with handcuffing.
An officer later pinned Martinez against a car since he began trying to pull away from the officer, who also needed to search Martinez before he was placed in a squad vehicle. While the officer searched Martinez’s left side, Martinez spat in the officer’s face. The spit landed on the officer’s face in the area of his right cheek and ear.
Later, the officer tried to escort Martinez to the squad vehicle. However, he collapsed and refused to cooperate. The officer, with assistance from the deputies, carried Martinez to the squad vehicle. Martinez refused to get inside the vehicle, struggled with the deputies, and attempted to headbutt one of them.
At one point, he also spat at a police sergeant. Law enforcement was able to pull Martinez into the squad vehicle. Given how Martinez was positioned in the squad vehicle, an officer wanted to prop him up in order to ensure he could breathe fine. Martinez was told to sit up, but he refused and then eventually complied.
At the jail, the staff met the squad vehicle with a restraint chair. When asked if he would exit the vehicle on his own accord, Martinez said something along the lines that they would have to drag him out of the vehicle. He didn’t comply, so an officer pulled him out of the squad vehicle. Martinez was then placed on the ground and into the restraint chair.
Later, he spat on a corrections officer with the spit landing on the side of the man’s face. Throughout this ordeal, Martinez called each law enforcement officer numerous vulgar slurs.