After being assaulted by strangulation and with a dangerous weapon, the victim of a domestic violence case spoke on behalf of the person that battered her during a victim impact statement in court for the defendant’s sentencing Monday, Nov. 25.
Judge Margaret Zuzich Bakker sentenced Nestor J. Martinez, 32, of Allegan, the maximum allowed under guidelines—76 months to 10 years in prison for assault by strangulation.
While prosecutors previously agreed to a sentencing guideline range of 43 to 76 months in prison for the more serious charge, Martinez violated his probation for a previous conviction.
On Oct. 2, he pleaded guilty to attacking the victim whom he was in a relationship with at her home on 12th Street in Plainwell on June 16. The argument proceeded to get worse and he admitted pushing the woman numerous times and strangling and threatening her with a butcher-type knife, although he said he cannot remember what happened.
Martinez also had two prior domestic assault convictions in 2010 and 2006.
In the impact statement, the victim asked the judge to give Martinez a second chance.
“I know this sounds crazy and what he did to me was wrong—I was scared that night—but he is a good person and is trying to change his ways.”
She said Martinez is working on recently diagnosed mental disorders and needs inpatient services.
“He is remorseful and up until that episode he never hurt me, he treated me with love and kindness and I know he won’t hurt me again,” she said. “He is a good person and I love him very much.”
The victim also asked that a no contact order be lifted so she could offer Martinez support.
Judge Bakker thanked the victim for her statement and said victims don’t usually speak on behalf of the defendant instead of themselves.
“I’ve seen the stages (the victim’s) going through and the trauma will take a long time to process but as everyone is aware here, he has a significant history,” Judge Bakker said.
That history dates back to 1996 when he was a juvenile. It started with drugs and larceny offenses and escalated to domestic violence. At the time of the third offense domestic assault, he was also on probation for a 2016 conviction of possession of methamphetamine, second offense.
“He sought no batterer treatment in previous domestic violence situations, which would have been a gift but he destroyed that,” Bakker said. “He has behavior consistent with batterer behavior, which has a good side for the ability to control their environment.
“He is a dangerous man and dangerous to the community.”
Bakker said the assault was a very, very disturbing event.
“Over the period of a weekend, he committed 23 violent acts,” she said. “He held her hostage, there were signs of injuries, knife marks, defense wounds, gouging, a choke hold and a hole in the wall.”
Martinez was also sentenced to serve 40 to 60 months in prison for third offense domestic violence and 24 to 48 months in prison for assault with a dangerous weapon. The lesser charges are to be served concurrently with 161 jail days credited. The no contact order continues.
Martinez had also been originally charged with third degree criminal sexual conduct involving force or coercion. The victim told the court that sex was consensual.
“The court never asked me how I was doing,” she said. “I am doing fine.”
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