Conviction in Domestic Battery Case

Defendant also found guilty of Child Abuse, Neglect, or Endangerment

A man found guilty of misdemeanor Domestic Battery and Child Abuse, Neglect, or Endangerment has been sentenced to 360 days in jail. However, James Martell, age 38, will not serve any additional jail time, as he was placed on probation, given credit for 24 days served, and the remaining 336 days were suspended at his sentencing. This is provided he completes 96 hours of community service, 52 weeks of substance abuse counseling, domestic violence counseling, and has no contact with his victim or their family during his term of probation.

Sparks Police responded to a suspicious circumstance report in October of 2022 after being told the victim had been choked and hit by the suspect. When officers arrived on scene, the victim told police that she and Martell had gotten into an argument while driving, and that after stopping the car, Martell slammed her head against both the passenger side window and the center console. The woman then told police she was pushed out of the car but was able to get her 6-year-old daughter out of the back seat before Martell drove away.

During sentencing after the 2-day Jury Trial, Deputy District Attorney Robert Erquiaga argued against probation, and recommended that Martell should serve the full 360 days in jail, in addition to community service, counseling, and a fine. DDA Erquiaga justified the request, which would have been the maximum sentence under the law, based on the facts and circumstances of the case, Martell’s extensive criminal history which includes five prior felony convictions, and Martell’s multiple pretrial violations while out on bail on this case.

The Honorable Judge Longley presided over the trial and the sentencing.