Finally! Case Closed on 2015 Murder Case

“Justice Served” for Leadville Family

“Finally!” It seems to be one word that parties on all sides could agree on as the sentencing was finally handed down from a 2015 Lake County murder case.

According to a press release distributed by 5th Judicial District Attorney Bruce Brown on August 19, “After a nearly 2-week jury trial and a guilty verdict rendered on Feb. 6, 2020, Maria Day, 59, of Leadville was finally sentenced today to 35 years in the Colorado Department of Corrections (DoC) for the 2nd Degree Murder (Class 2 Felony) of John Alexander Martinez, 55. The jury found Defendant Day guilty of running over Mr. Martinez, her boyfriend, on James St. in Leadville July 8, 2015, for unknown reasons.

On the day of the murder, Day and victim Martinez returned to Leadville from a shopping excursion in Summit County, where she was driving her Lexus vehicle. In the car was Day’s elderly mother who suffered from dementia. After the killing, passers-by saw Martinez lying by the side of the road against a concrete wall, presuming he was passed out, and alerted first responders. What they had not seen and what there were no eyewitnesses to, other than Defendant Day and her mother, was that Day intentionally ran victim Martinez over after he had gotten out of the car to walk, leaving tire tracks on his pants. Investigators were able to piece together that Day’s car left the roadway by some 10 feet, hitting a concrete embankment in her successful attempt to kill Mr. Martinez.

First responders found the victim near a concrete wall that abutted the roadway. He died hours later of severe wounds over his entire body. After first responders arrived, Day called 9-1-1 to report the incident, pretending to be remorseful and caring for her ‘boyfriend’ John (whom she had just had run over). She characterized what happened as an “accident”, attributing the incident to a faulty, jumpy transmission. A vehicle inspection and maintenance history showed no such mechanical problems could have caused Martinez’s death. Additional surveillance video evidence from a nearby home belonging to Day’s sister, attached to this release, showed Day fleeing the immediate area where Martinez lay, dropping her mother off, then inspecting and attempting to buff away damage to her right front bumper left by the incident.

According to the DA’s report, “Additional surveillance video evidence from a nearby home belonging to Day’s sister, attached to this release, showed Day fleeing the immediate area where Martinez lay, dropping her mother off, then inspecting and attempting to buff away damage to her right front bumper left by the incident.”

The video did not depict the actual homicidal act. Leadville Police arrested Day near the accident site shortly after they arrived, and she has continued to claim the whole thing was an accident. One witness to the aftermath said Day
appeared to drive around the crime scene, eerily staring at Mr. Martinez’s lifeless body.

“After five long years, the family and friends of John Martinez are finally able to have some semblance of justice,” said Assistant District Attorney Johnny Lombardi and lead prosecutor in
the case. “I want to thank the men and women of law enforcement across this state who spent countless hours ensuring Maria Day was held accountable for her brutal and hideous act of
violence. Our hearts remain heavy for the Martinez family,” he added.

Her final sentencing consisted of:

• Count 1: 2nd Degree Murder (Class 2 Felony)—35 years DoC.
• Count 2: Leaving the Scene of an Accident Involving Death (Class 3 Felony)—12 years DoC (concurrent w/Count 1).
• Count 3: Vehicular Homicide/Reckless Driving (Class 4 Felony)—6 years DoC (concurrent w/Count 1).
• Count 4: Careless Driving Resulting in Death—1 year in jail (concurrent w/Count 1).

The matter was investigated by Colorado State Patrol, the Leadville Police Department, and the Office of the District Attorney.

Guilty Verdict for 2015 Leadville Murder Case

This story about the case was published on February 8, 2020

One thousand six hundred and seventy-five days. That’s a long time – almost five years – to see justice finally served in a small mountain town. But for two Leadville families, the judge’s gavel finally came down in the Clear Creek County Courtroom on February 7 as the guilty verdict against Maria Day (aka locally as Linda Martinez) was read, ending the two-week 2^nd Degree Murder trial which will likely put Day behind bars for years once sentencing is issued for the death of John Martinez.

It was Justice for John Martinez, pictured here with his sister Beverly atop the family-owned and operated business The Grill Bar and Cafe in Leadville which closed its doors after more than 50 years in business in October 2019. Photo: Leadville Today (c) 2005 Kathy Bedell

“The family is relieved to finally have closure with this heartbreaking event and is pleased to see justice served,” read the note from the family of the victim John Martinez, whose family/brother James owned and operated The Grill Restaurant in Leadville for more than 50 years until they closed the doors last October. John Martinez grew up, went to school and was a friend to many in Leadville.

Locally, the murder case saw its share of challenges which seemed to drag the case on for years. One of the primary issues was in finding an untainted jury pool since most Lake County residents would have had familiar ties to one of the parties involved. As the months churned into years, District Attorney Bruce Brown eventually moved the case down to Georgetown which is located in Clear Creek County, a part of the Fifth Judicial District which also includes Lake County.  Eventually, a jury was seated and the case moved to trial. And so finally after 1,675 days since the murder which took place in July 2015, a verdict was decreed ending years of painful delays and frustrations in the case that ended in the loss of a son, a brother and a friend to many in Leadville. Day was found guilty of his death.

For the sake of fair and balanced reporting, Leadville Today also reached out to the family of Maria Day for comment. That will be added to the story if and when any statement is received. And finally, the following press release was distributed to media outlets by District Attorney Bruce Brown’s office and is printed here in its entirety.

Leadville Woman Who Drove Over and Killed Her Boyfriend Found Guilty

After a nearly 2-week jury trial here, Maria Day, 59, of Leadville was found guilty late yesterday of 2nd Degree Murder (Class 2 Felony), for the death of John Alexander Martinez, 55.  Day was found guilty of running over Mr. Martinez on James St. in Leadville July 8, 2015.  The case was moved to Clear Creek County (Georgetown) when an insufficient number of impartial jurors could not be chosen in Lake County.

Maria Day, aka locally as Linda Martinez found guilty of 2nd Degree Murder

On the day of the murder, Day was returning with victim Martinez from a shopping excursion.  In the car was Day’s elderly mother, suffering from dementia and who was unable to give much information about what transpired when they returned to Leadville.  Day was at the wheel of her Lexus.  People driving by saw Martinez lying by the side of the road and presumed he was passed out.  What they didn’t see and what there were no eyewitnesses to, other than Defendant Day and her mother, was that Day had intentionally ran victim Martinez over after he had gotten out of the car to walk, leaving tire tracks on his pants.

First responders found Martinez near a concrete wall that abutted the roadway.  He died hours later of severe wounds over his entire body.

Leaving Martinez by the roadside to die, one-half hour after striking him and watching as police arrived, Day called 9-1-1 to report the incident, feigning remorse for hitting “someone”, neither naming that someone as her boyfriend John (who she had just had run over) or describing how it was that the “accident” occurred.  Surveillance video from a nearby home belonging to Day’s sister, attached to this release, showed Day fleeing the immediate area where Martinez lay, dropping her mother off, then inspecting and attempting to buff away damage to her right front bumper, left by the incident.  The video did not depict the actual homicidal act.

Leadville Police arrested Day near the accident site shortly after they arrived.   The jury rejected Defendant Day’s explanation given to police that as she dropped off Martinez, her transmission stuck, causing her car to accelerate and run him over.  The prosecution presented extensive evidence that the Lexus car make and model had no history of a faulty transmission, as well as the prior car owner testifying that when it was sold a year earlier, it was in good working order (also according to accident reconstruction experts).

“After an extraordinarily long wait of five years to obtain justice, the family and friends of John Martinez finally are able to have a conclusive judgment that Defendant Day set out to kill and accomplished her goal,” said District Attorney Bruce Brown.  “Intimate partner violence is endemic in our society, but acts like this are rare.  Nonetheless, an abuser who goes untreated can become a killer like Maria Day.  We mourn the loss of another victim,” he added.    “This incident should be another call to the United States Senate to re-authorize the Ending Violence Against Women Act, a robust law aimed at ending intimate partner violence by funding services to victims of abuse or violence, safe housing and counseling.”

In 2018, the state of Colorado had at least 37 incidents where domestic violence resulted in a fatality and 43 people died as a result of these incidents.  (See Colorado Domestic Violence Fatality Review Board, Annual Report 2019.)

The Violence Against Women Act (VAWA) was originally introduced and passed in 1995 and must be re-authorized every five years but is currently stalled in the US Senate after the House voted overwhelmingly to re-authorize.

Because the Day guilty verdict entered on a stormy night in Georgetown, Colorado, presiding Judge Catherine Cheroutes excused the parties without setting a sentencing date.  Defendant Day is in custody and will remain until her sentencing to the Department of Corrections.