A jury on Wednesday decided that a man being retried for allegedly threatening a police officer with a baseball bat was not guilty.
The first trial ended in a hung jury in July 2013.
No one from the trial teams was available for comment late Wednesday afternoon. But District Attorney Todd Risberg confirmed that jurors came back with a verdict of not guilty.
The jury of seven men and six women, including an alternate, heard the case for three days – Monday morning to late Wednesday.
The 6th Judicial District jury cleared Anthony Rudolfo Martinez of charging at three Southern Ute police officers with the bat raised over his right shoulder in the wee hours of Dec. 5, 2012, on County Road 320-B, southwest of Ignacio.
Officer Patrick Backer fired two shots from his .40-caliber Glock sidearm, striking Martinez once in the back.
A key issue for the defense was how Martinez came to be struck in the back if, as officers testified, he never stopped his charge or turned his back to them.
The case was prosecuted by Deputy District Attorney Keri Yoder and colleague Dan Hotsenpiller, a duo from the 7th Judicial District, which includes Telluride. Employing the pair was required because of a conflict of interest – Patrick Backer is the son of Larry Backer, the chief investigator for the 6th Judicial District, in which jurisdiction the incident occurred.
Martinez was represented by Public Defender John Moran and colleague Zak Brown.
The defense painted a picture of a man apprehensive that a group of toughs who had fought with his friends at his home two hours earlier had returned at 3:30 a.m.
When a vehicle shut off its lights as it approached his house, on an isolated street without illumination, it was logical that Martinez became suspicious, his attorneys said.
Backer and a third officer had arrived without vehicle lights illuminated, apparently undetected, and parked beyond the Martinez residence.
The three officers were approaching his house on foot when Martinez sprang from bushes near the driveway and charged at them.
The only light came from a flashlight held by one of the officers.
daler@durangoherald.com
