Trial underway for man accused in 2021 deadly Desert Hot Springs shooting
A 30-year-old man fatally shot a man in Desert Hot Springs in 2021 in a spurt of jealousy, a prosecutor told jurors today as the alleged shooter's trial unfolded.
Daniel Ray Martinez of Desert Hot Springs is charged with one felony count each of murder and being a felon and narcotic addict in possession of a firearm, according to court records. He additionally faces a sentence-enhancing allegation of discharging a firearm causing great bodily injury.
His co-defendant, 41-year-old Jesus Gabriel Pena, is charged as an accessory for allegedly deleting evidence.
The charges stem from the Sept. 8, 2021 fatal shooting of Javier "Happy" Torres in Desert Hot Springs.
Following an argument with his girlfriend at the time, Martinez took her cellphone and belongings before she went to her friend Jonathan Berry's house, where Torres was shot three times, Deputy District Attorney Samantha Paixao told jurors Wednesday during opening statements at the Larson Justice Center in Indio. At some point, Martinez became aware that "Happy" was at Berry's home, got jealous and kicked down the door of the home, then shot Torres in the living room, Paixao said.
Paixao said Torres was dropped off by Pena at the fire department in Desert Hot Springs, but he ultimately died from his injuries -- two gunshot wounds to a thigh and one to his chest. She told jurors that during the trial, Berry will testify about how he tried to watch video surveillance footage of the living room to see what happened, but Pena allegedly deleted it.
Martinez's defense attorney, Andrea Dolan Bouchard, opted not to immediately give an opening statement.
Pena's defense attorney, Alexander Reed, told jurors his client is not guilty, noting that he drove Torres to the fire station in an attempt to save his life. Reed said Berry admittedly gathered up and disposed of the shell casings to avoid culpability.
"It is his home. It is his surveillance system," Reed said. "And (taking) that into account, you're going to have to ask yourself who deleted that video. I think the facts will show that Mr. Pena is not guilty of this crime."
Martinez was ultimately arrested in San Diego County. He is being held at the John Benoit Detention Center in Indio in lieu of $1.05 million bail.
