The attorney for a Sierra Vista man indicted last year after a fatal road rage incident has received a judge’s approval for more than $13,000 to hire experts to assist in representing his client on first-degree murder and 10 other felonies.
Rick Warren Martin appeared by video from the Cochise County jail for a May 24 pretrial conference at which time the parties were to discuss the status of the case, which stems from the Sept. 28, 2020 shooting of Jorge Portillo on a busy Sierra Vista roadway. The hearing was continued until July 19 at the request of defense attorney Andrew Marcantel.
Earlier last month Marcantel received word that Judge Laura Cardinal signed a court order related to funds requested by the defense team to have Dr. Jeff Hynes, a use of force expert, review Martin’s file to assist with pretrial preparations.
Hynes is approved for up to 10 hours at $250 per hour, although he cannot bill the court for his travel time. Instead, Hynes can file for mileage reimbursement at the current 56 cents per mile federal rate, the judge ordered.
A few weeks ago, Cardinal approved Marcantel’s request to have Brett O’Toole provide accident reconstruction services at the hourly rate of $230 for no more than 20 hours. And the judge signed off on 100 hours of services from Patrick Cote at $60 an hour for “case investigation.”
Marcantel’s legal services are being paid for by a member of Martin’s family, but it does not include the various experts typically involved in a murder case. Because Martin, 21, has been declared indigent, the Cochise County Superior Court must cover the cost of reasonable services requested by his attorney.
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Court records show Martin and Portillo, who were acquainted, were traveling in the same direction when several shots struck Portillo’s truck. One bullet struck Portillo, 18, in the head, causing the fatal injuries. Witnesses identified a vehicle seen driving next to Portillo’s at the time and police traced the vehicle to Martin.
The charges against Martin include first- and second-degree murder for Portillo’s death and attempted second-degree murder related to the presence of a passenger in Portillo’s vehicle which was hit by several bullets. Court records show Martin is also charged in a separate case with two aggravated assault felonies for an earlier incident purportedly connected to the shooting. Marcantel has suggested his client acted in self-defense.
Martin remains in the Cochise County jail on a no-bail order issued at the time of his arrest the day after the shooting. The order cited the “high risk” for further violence in the community if Martin is released pending trial, as well as concern for the safety of witnesses.
Cardinal has advised the attorneys she will be prepared to conduct a change of plea hearing on July 19 if a non-trial resolution, aka a plea deal, is agreed to by then. If the case goes to trial, a jury will likely not hear the matter until late 2021 or early 2022.