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Novato gang killer sentenced to life in prison

Marin Independent Journal - 7/1/2021

Jul. 1—A former Novato High School student was sentenced to life in prison for murdering one classmate and maiming another during a gang ambush.

Juan Carlos Martinez Henriquez, 22, committed the crimes to ingratiate himself with the Latin American gang known as MS-13, according to court filings. He committed the crimes when he was 17 years old.

Judge Kelly Simmons sentenced Martinez Henriquez on Tuesday. She chose a sentence of life without the possibility of parole for the murder and a consecutive term of 40 years to life for the attempted murder, said Deputy District Attorney Geoff Iida, who prosecuted the case.

The defense had sought 41 years to life with potential parole, citing the defendant's youth and his background of instability, gang violence and poverty. Before fleeing to California as a teenage migrant, Martinez Henriquez lived in a gang-infested "barrio" called El Calvario in Usulután, El Salvador, according to a defense memorandum.

"We were hoping that the court would follow the trend in case law and brain science with regards to brain development in adolescents," said Pedro Oliveros, one of his public defenders. "Mr. Martinez Henriquez had no prior record and there was evidence that he has post traumatic stress disorder."

The crimes occurred in May 2016 at the waterfall near the end of Fairway Drive in Novato. Martinez Henriquez, then 17, and the two victims were students at the high school.

The prosecution alleged that Martinez Henriquez lured the victims to the site with an invitation to hang out and smoke marijuana. Then he attacked them with gang members who emerged from hiding.

Edwin Josue Guerra, 17, was repeatedly hacked with a machete — including seven blows to his head — and apparently bludgeoned with rocks, the prosecution said. He apparently died while trying to crawl away.

The second victim, also 17 at the time, was shot in the head and torso. The bullets narrowly missed vital organs, and he feigned death until he could escape. He identified one of the attackers to investigators as "Juan Carlos from school," according to a probation report.

The prosecution charged Martinez Henriquez and seven other suspects. Three pleaded guilty to being accessories and another pleaded guilty to a gang recruitment felony. Two are fugitives.

The remaining suspect, Edenilson Misael Alfaro, is in custody at the Marin County Jail awaiting trial. Alfaro, 27, is an alleged MS-13 leader suspected of murders in other states.

Martinez Henriquez was charged with murder, attempted murder and mayhem, which means dismemberment or permanent disfigurement. The first trial ended with a narrow jury deadlock in October. After a retrial in the spring, a jury convicted him of all the charges.

In preparation for the sentencing, the prosecution obtained statements from Guerra's father, who lives in the Bay Area; his mother in Guatemala; and the surviving victim.

Both parents fought back tears as they described their despair to a prosecution investigator, according to court filings. They said they wanted their son to go to the United States to escape the gang violence and uncertain prospects of Central America.

His mother said that "not only was Josue's life ruined, but her family's lives were all ruined by the loss of Josue," the investigator, Inspector Salma Tijero, wrote in her report.

"(She) told me her tranquility in life ended since the loss of Josue because when she lost him, she lost her strength to move forward in life," Tijero wrote. "Josue was the joy of her home."

Guerra was buried in Guatemala.

Oliveros, the defense attorney, said Martinez Henriquez "was impacted by the emotional statements of the victim's families."

"He has pledged to participate in therapy, counseling, educational and rehabilitative programs that the department of corrections has to offer," he said. "He will do all he can to stay positive and perhaps, one day, see the light of day beyond prison walls."

Martinez Henriquez will appeal, he said.

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(c)2021 The Marin Independent Journal (Novato, Calif.)

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