Trial moved to district court

ALAMOSA — Despite arguments to the contrary, Judge Daniel Walzl agreed Friday there is enough evidence for a local man to stand trial in the district court.

Robert Martinez, 29, Alamosa, is charged with attempted first-degree murder, first-degree assault and aggravated intimidation of a witness for an incident, stemming from an incident which occurred in October of 2018.

According to the victim, Shawndon McVey, 25, Martinez shot him in the head while driving around the area. In addition, he apparently threatened McVey as he wanted to “come clean” on a crime that the two, along with Shem Brown, 26, and Philip Medina, 36, had allegedly committed together.

The four are facing multiple charges following the death of Mathius Fritz, 40, of Alamosa in August of 2018.

On Aug. 9 of last year, the four men, along with Fritz and Alma Salazar, were together in an apartment above the Extreme Graphics office near Vendola Plumbing & Heating in East Alamosa. Neighbors reported the shooting after finding the female victim wandering around with gunshot wounds. Authorities found Fritz deceased at the scene.

According to authorities, Fritz and Salazar were put in separate bathrooms in the apartment. Then Fritz was beaten and shot. Salazar also was shot, but survived.

By his own admission, McVey stated that he was in a “meth haze” for several weeks following the incident. When he sobered, he realized what had happened and was concerned about the victim as well as his role in the murder.

Martinez was in court Friday where the state presented several pieces of evidence — including video of McVey and Martinez walking into the SLV Regional Medical Center the night McVey was shot as well as video of McVey being interviewed by Colorado Bureau of Investigation (CBI) Agent Kevin Torres.

According to McVey, he, Martinez and Brown were driving around the area when Martinez shot him in the head. McVey claims that he wanted to “come clean” regarding the shooting of Fritz and Salazar and that’s why Martinez shot him. During his interview with Torres, McVey said the reason Martinez went with him into the emergency room was so McVey wouldn’t tell the staff that Martinez had shot him. Instead, McVey told them he was cleaning his gun and it accidentally went off.

McVey said Brown drove him to the hospital. “Honestly, if it wasn’t for Shem, I probably would have died because Rob wanted to pull over and shoot me again,” McVey told authorities.

Defense attorney David Lipka argued that, because there’s no audio in the video it’s not clear the conversation between McVey and Martinez when they entered the hospital together. “It looks very much like Mr. Martinez was trying to help his friend,” Lipka stated.

In addition, what appears to be blood in the vehicle has yet to be tested. Det. Sgt. Sam Coffman of the Alamosa Sheriff’s Department explained that they’re waiting for the results of the blood from the CBI lab.

The defense also pointed out McVey used meth heavily following the incident in August, causing him to be in somewhat of a “fog” and events blended together.

In the end, the judge sided with the state and the three charges against Martinez stand. The state requested his bond be set at $250,000; however, Walzl set bond at $150,000. He will return