Martin guilty in triple murder

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C.L. Garvin
C.L. Garvin

April 22, 2008

Jury takes less than two hours to decide fate of Hico man in deaths of young men

By Matthew Hill The Register-Herald Tue Apr 22, 2008, 11:41 PM EDT

FAYETTEVILLE — The courtroom of Fayette County Circuit Judge John Hatcher was filled and surrounded by more than a dozen sheriff’s deputies Tuesday evening as a jury returned three guilty verdicts in the case of a Hico man accused of gunning down a trio of young men last Memorial Day.

After just under two hours of deliberations, the jury of seven women and five men found Gary D. Martin, 57, of Stringtown Road, guilty of two counts of first-degree murder and one count of second-degree murder.

Martin’s son, Gary D. “Dwayne” Martin Jr., sobbed uncontrollably upon the announcement of the verdicts, prompting deputies to escort him from the courtroom at Hatcher’s order.

Jurors added a recommendation of mercy to the first two convictions, which would make Martin eligible for parole after 15 years on each. Second-degree murder carries a sentence of 10 to 40 years.

Martin shot and killed three men on May 28, 2007, on the road in front of his home — Carl Blaine Cox Jr., 24, of Edmond, Dustin Tyler Hughes, 22, of Hico, and Christopher Lee Legg, 23, of Hico. The second-degree murder verdict was attached to Cox’s death.

Hatcher scheduled Martin’s sentencing for June 2, adding that one representative from each victim’s family, as well as Martin himself, will be permitted to speak on that date.

Carl Cox Sr., whose son was one of the victims, could not wait that long.

“It’s been awful. It’s been stressful,” he said in front of the courthouse afterward, referring to the last 11 months.

“I think he’s (his son) looking down on us and he’s happy — also the other two (victims). I loved all of them.” Cox appeared to lay more blame at the feet of Martin’s son than at the defendant himself.

“They put one person in jail who deserves it, but, in my opinion, the son fired the first rounds,” Cox asserted. “The father shot them after they were down. I’ve got an attorney looking into it. The son should’ve been arrested and charged with two felonies and two misdemeanors.”

When asked what he would say to the elder Martin, Cox expressed an element of sympathy. “I don’t know what to say to him. I feel sorry for him in a way. I think he’s a very lucky man that he’s going to prison. If somebody don’t deal with the kid, he’ll end up hurting innocent people.”

As Cox spoke, car horns honked and those associated with the victims whistled jubilantly in celebration of the guilty verdicts as they drove and walked away.

“I felt that the jury considered all the evidence and returned an appropriate verdict,” Prosecutor Carl Harris said. Neither of Martin’s attorneys, Charleston lawyers Ed Rebrook and Mike Clifford, could be reached for comment. In addition, none of Martin’s family was available following the trial’s adjournment.

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Tuesday marked the third day of Martin’s triple-murder trial, with prosecutors calling their 17th and final witness — Dr. James A. Kaplan, the state’s chief medical examiner — before resting. Defense attorneys called four witnesses — the defendant himself, his wife, their son and the defendant’s sister.

Martin and his son continued to plead their case for self-defense and justifiable homicide, claiming all three victims had weapons and that Cox had attempted to “pull a gun” on Martin.

“You sort of go blank” at such moments, the defendant testified. “I was afraid, scared for my son, scared for my life. A gun was being introduced (allegedly by Cox) into the formula. I felt I had no alternative. I felt that it was either them or me.”

According to Martin, it “triggers something in a parent” to hear a “tremor” in the child’s voice. The son is said to have gotten involved in a loud argument with the three victims prior to the shootings, which Martin overheard.

“I never felt ill will or malice toward anybody. I just wanted to live and let live. I was just trying to protect my son.”

The 18-year-old Martin — 17 at the time of the shootings — testified one of the victims told him, “We’ve got guns, too. I’m going to kill all of you (expletive deleted) Martins.”

According to the younger Martin, he had camped in a cabin near his parents’ home the night before to relax and target-practice with his AK-47. When he returned the next day, he encountered Cox, Hughes and Legg on a motorcycle and two all-terrain vehicles.

Both Martins declared Cox patted his hip “in a menacing manner,” as if to indicate the presence of a weapon. In fact, Cox had a loaded Glock pistol in a holster on his hip at the time of his death, according to previous testimony by others.

“He was visibly scared, like a cornered mouse,” Martin said, describing his father’s demeanor prior to the shots being fired. “Shock” and “terror” augmented the young Martin’s recollection of what he felt at the time. He spoke of his father being a “withdrawn” and “quiet” man who “keeps his opinions to himself.”

Harris attempted to point out inconsistencies between what Martin Jr. said Tuesday and what he told police shortly after the incident.

The younger Martin said Tuesday he “clearly saw” a gun in Cox’s hand. “But you remember today,” Harris asked rhetorically, referring to a purported absence of any such claim in his initial statements to police.

Debra Martin, the defendant’s wife, said her husband was never in legal trouble. “He’s a very peaceful, dedicated man” who was never aggressive, she said.

Francis Bennett, Martin’s sister, asserted her brother “would do anything for anybody. He’s loving, caring and has a moral attitude.” She observed she had never known him to be threatening or violent with anyone.

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“Only two people are alive at the end of that day because the other three are dead,” Harris thundered in closing arguments. “This is a weapon for killing,” he added, holding up the AK-47.

“This is not a weapon for target practice. This is a military weapon. You don’t pull out a pistol when you’re facing a weapon like this. Self-defense (as a legal defense) doesn’t work when you shoot someone in the back.”

“I’m not saying there shouldn’t be a significant amount of sympathy” for the victims’ parents and relatives, Clifford argued. “No parent should ever have to bury a child — plain and simple.”

Clifford went on to argue the state had not proved malice on Martin’s part “at all.” To ascribe malice to Martin, he said, was “an insult.” What Martin felt at the time was “abject fear,” Clifford claimed.

He compared defense arguments to the efforts of Copernicus and Galileo to prove the Earth revolved around the sun, as well as Christopher Columbus’ demonstration that the Earth was round, in reference to what police called a “fact” — that Cox’s gun was in its holster when he was shot.

— E-mail: mhill@register-herald.com

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