A Rowan County jury convicted an illegal immigrant for the death of a 20-year-old pregnant woman. Rigo Martinez was found guilty Wednesday of second-degree murder.
SALISBURY -- A Rowan County jury convicted an illegal immigrant for the death of a 20-year-old pregnant woman. Rigo Martinez was found guilty Wednesday of second-degree murder. He now faces between 23 years and 31 years in prison.
The victim's family was relieved the jury agreed with the second-degree murder charge instead of deferring to a lesser charge of involuntary manslaughter. They had a silent but emotional reaction to the verdict.
“I would contend to you it is not murder. It was an accident,” said defense attorney Carlyle Sherrill.
The fate of Rigo Martinez is now in the hands of a Rowan County jury.
The state argued the definition of second-degree murder includes carelessness and intent. District Attorney Bill Kenerly agreed Martinez didn't plan to kill Newman, but he said Martinez intentionally drank 20 beers before getting behind the wheel.
“Don't be confused. You can't become voluntarily intoxicated. Bentez cervezas. Twenty beers. You can't become voluntarily intoxicated and then use that as a defense to a drunk driving charge because that's what it is,” said Kenerly.
Leeanna Newman's widower Brad Newman took the stand briefly Wednesday afternoon to testify that his unborn daughter was healthy and ready to be born in less than a month. Under North Carolina law, Martinez can't be charged for the death of the child because she didn't live outside her mother's womb.
Thursday morning, the judge will take the child's death into consideration when deciding how long Martinez will serve in prison. He faces between 23 years and 31 years for the murder charge, driving while impaired and hit-and-run causing property damage.
The defense attorney did not present any evidence and Rigo Martinez chose not to testify on his own behalf during the trial.