One million dollars: The price of freedom for Tomas Martinez,
the 21-year-old arrested on suspicion of brutally stabbing a
56-year-old Gilroy father, found dead late April in a downtown
alley.
San Martin – One million dollars: The price of freedom for Tomas Martinez, the 21-year-old arrested on suspicion of brutally stabbing a 56-year-old Gilroy father, found dead late April in a downtown alley.
Martinez was arraigned Friday in county court, two days after Gilroy police arrested him after a voluntary interview at their new Seventh Street station. As Superior Court Judge James Chang told him that penalties for conviction could include deportation or the denial of naturalization, an interpreter relayed his words in Spanish and Martinez tipped his head back, shutting his eyes. In addition to the murder charge, the Gilroy man also faces an immigration hold, according to Gilroy Police Sgt. Jim Gillio.
Chang set Martinez’ bail at $1 million, and assigned his case to the public defender’s office.
The Wednesday night arrest relieved downtown merchants, who were pleased to see progress in the case. Nearly three weeks ago, Juan Lugo was found stabbed to death in an alley behind La Colonia Latina, 7261 Monterey St, in the weekend’s wee hours. The middle-aged man was well-known to barbers, ice-cream vendors and cashiers, who collectively nicknamed him ‘Juanito’ for his short stature and gentle manner. Since joining his 26-year-old son in Gilroy several years ago, Lugo was often seen circling downtown on his bicycle, distributing pamphlets for his Eigleberry Street church, Familias Para Cristo.
Police were tight-lipped about the case, which is still under investigation. Neither Gillio nor supervising deputy district attorney Frank Carrubba, who is handling the case, would describe Martinez’ relationship to Lugo, nor whether the 21-year-old had confessed to the crime during a Wednesday night interview with Gilroy detectives. Even the affidavit of probable cause, required to charge a suspect, has been filed under seal with the court, Carrubba said.
“We’ve charged him with a murder, with personal use of a knife,” said Carrubba, “but at this point, I’m not at liberty to disclose any of the details of the case.”
Lugo’s nephew, Cornelio Lugo, likewise declined to say whether Martinez knew Lugo, and how.
DNA evidence from Martinez’ home is being analyzed, possibly to match DNA on a knife, Lugo’s bicycle, and other evidence found in the alley. In previous interviews, Detective Stan Devlin said the murder was not gang-related, nor were drugs found on Lugo’s body or in his system. Lugo’s killer left cash in his wallet, Devlin said, but the victim’s son, Jose Lugo, said the murderer took his Bible. Though some neighbors said Lugo was gay, sparking rumors that the killing could be a hate crime, Devlin said his perceived sexuality does not appear to be a motive in the murder.
Juan Lugo was due to depart the U.S. two days after his body was found, his son said. Recently, one of his brothers died, leaving Lugo’s diabetic wife Petra Acosta Vega alone in Mexico. As his barber trimmed his hair Friday, April 27, Lugo spoke of returning to Mexico to care for her. He had booked a plane ticket for Tuesday, May 1, Jose Lugo said.
As Judge Chang spoke to other defendants, Martinez fidgeted in his red prison jumpsuit, often leaning back and closing his eyes, as if in pain. He briefly crossed himself, and at one point appeared to be praying, mouthing words with his eyes shut. When Chang said Martinez wouldn’t be granted probation, the 21-year-old asked, through the translator, what exactly that meant.
“Probation will not be granted to you,” repeated Chang. “If you’re found guilty, you won’t be placed on probation – you’ll go to state prison.”
Anyone with information may contact Detective Stan Devlin at 846-0350, or leave an anonymous tip at 846-0330.