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SALT LAKE CITY — A man was convicted on May 31 for shooting and killing two people after a party at a Draper Airbnb two years ago while skipping.
The jury found Daniel Martinez, 20 of Lehi, guilty of two counts of aggravated murder, a first-degree felony.
On April 3, 2022, Martinez was at a party at an Airbnb rental home at 11464 Cranberry Hill (280 East) which was ended by the property's owner. Martinez and his friend, Ashtyn Ernesto Ortega, were throwing beer bottles into the street outside the home when they were confronted by Austin Powell, who asked them to stop, charges say.
Martinez "began skipping and hopping around while firing bullets in the direction of (Powell's) car, striking another victim," a statement from Salt Lake County District Attorney Sim Gill said.
Powell, 27, was pronounced dead at the scene, and the other victim, Jonathan Fuentes, 21, died at the hospital later that day.
Neither Ortega nor Martinez had been invited to the party, according to charging documents.
Gill called Martinez's actions "callous and brazen."
"Two people had their lives extinguished much too early. Mr. Martinez showed complete disregard for the sanctity of human life and the safety of others when he shot at an occupied vehicle. The jury made the right call," he said.
Martinez's attorney, Rudy Bautista, said his client testified at the trial that he acted in self-defense. He said Martinez was only 17 at the time, and after Powell came up to them and left, Martinez said he saw a laser pointing at him. During his trial, Martinez testified that he asked Ortega for his gun because he thought a gun was aimed at him.
Bautista said Martinez was "being young and foolish" breaking beer bottles but was not a threat to anyone. He said Powell's body was in the car with a gun that had a laser by his feet, and his shirt was pulled up as if he had gotten his gun out.
"If Daniel had not defended himself, it could have been very likely that the decedent would have been the defendant and Daniel the victim," Bautista said.
Bautista said Fuentes was his client's cousin, and initially he lied about his role to police because he could not accept what he had done yet.
"He was too young and immature to be able to say, 'I did it,'" the attorney said.
Gill said Martinez is facing a sentence of between 25 years and life in prison. His sentencing is scheduled for July 18.
After the sentencing, Bautista said Martinez plans to appeal his case to the Utah Supreme Court. He said his client had a right to act because he had a reasonable belief his life was in danger.
"I think the jury got it wrong, and that's part of the problem with the jury trial process is sometimes they get it right, sometimes they get it wrong. So we hope that the Court of Appeals will get it right," he said.
Bautista said prosecutors never offered a plea deal to Martinez reducing the charges below aggravated murder.
The jury trial for Martinez began with opening arguments Wednesday morning and closing arguments were Friday morning. Jurors deliberated for less than three hours before reaching their guilty verdict.
Doorbell camera video recorded 10 bangs that investigators believed were gunshots, charges say, and Powell's Tesla had bullet holes in it.
Ortega, 20, of Herriman, pleaded guilty and was sentenced last year to one to 15 years in prison for manslaughter, a second-degree felony; and five years to life in prison for felony discharge of a firearm, a first-degree felony.
Ortega said in his plea statement that Martinez asked him "several times" for the gun, and he handed it to him, while being aware that it might be used to cause harm.
At his sentencing, both of the victims' mothers spoke about how the men were fathers, and their deaths had a significant impact on their children.
