On June 12, 2003, Cody Martinez was at a friend’s house when another friend, Jonathan Summey-Montano, arrived with the victim. Once inside, Martinez and Summey-Montano decided to rob the victim. After joking with the victim, Martinez punched him in the face, then kicked and punched him for several minutes. Martinez and Summey-Montano eventually took the victim to the kitchen, where he was forced to lay on his stomach while they and another friend kicked him repeatedly.
Eventually, Martinez directed two other friends to pull a car around the back of the house. While the car was being moved, Martinez returned to the kitchen with a shotgun, then bludgeoned the victim’s head with the weapon.
Martinez and Summey-Montano then bound the victim’s hands with wire and his feet with duct tape. After the victim was bound, they removed his shoes and socks and robbed him of his money and jewelry. They placed him into the trunk of the car, and proceeded to the victim’s apartment.
At the victim’s home, Martinez and Summey-Montano stole computer equipment, liquor, jewelry, drugs and music CD’s. They returned to the vehicle, which then would not start. They pushed the car to a nearby gas station, attempted to fix it, and eventually called a friend for a ride. Once the friend arrived, they got both cars to a residential street, loaded the victim into the cargo space of the new vehicle and drove to a remote area near the Tucson airport.
At the desert area, Summey-Montano dragged the victim out of the vehicle. They instructed him to stand up, then beat him to the ground and continued punching and kicking for several minutes. After beating him, Martinez shot him twice with a shotgun. Martinez covered the victim with trash and lit the body on fire. A police officer noticed the smoke and subsequently pulled over the vehicle leaving the scene. Martinez and the others were arrested shortly thereafter.
Presiding Judge: Hon. Howard Fell
Prosecutor: Teresa Godoy & Kellie Johnson
Defense Counsel: Richard Parrish & Chris Kimminau
Start of Trial: November 1, 2005
Verdict: November 9, 2005
Sentencing: November 18, 2005
Especially heinous, cruel or depraved
[Direct Appeal pending before the Arizona Supreme Court]