Acting Erie County District Attorney Michael J. Keane announces that a jury found 52-year-old Luis Martinez of Buffalo of one count of Attempted Murder in the Second Degree (Class “B” violent felony), one count of Criminal Possession of a Weapon in the Second Degree (Class “C” violent felony) and one count of Assault in the Second Degree (Class “D” violent felony). Jurors rendered their decision on Friday following a four-day trial.
The defendant was the accomplice in a shooting that occurred outside of a tavern on the 1200 block of Clinton Street in the City of Buffalo. On Saturday, July 3, 2021, at approximately 12:30 a.m., the defendant and his brother, Jose Martinez, were escorted out of the establishment following a fight. The brothers left together in a pickup truck driven by Luis Martinez.
A short time later, at approximately 12:45 a.m., Luis Martinez drove back to the tavern with his brother. Upon their return, Jose Martinez fired multiple shots at several patrons who were standing outside of the building. Several people ran after the initial shots were fired. When the weapon jammed, Jose Martinez continue to attempt to fire the gun at one victim as he stood outside. After clearing the gun, Jose Martinez shot second victim, who was laying on the ground. After the shooting, Jose Martinez again fled in a pickup truck driven by Luis Martinez. The injured victim was taken by ambulance to ECMC where she was treated for three gunshot wounds to her lower body.
Martinez faces a maximum of 25 years in prison when he is sentenced as a second felony offender before Acting Erie County Court Judge Andrew C. LoTempio on Monday, June 17, 2024 at 9:30 a.m. He remains held without bail.
His co-defendant and twin brother, 52-year-old Jose Martinez of Buffalo, pleaded guilty to one count of Attempted Murder in the Second Degree for his role in the crime in September 2022. He was sentenced as a second violent felony offender before State Supreme Court Justice Betty Calvo-Torres to a determinate sentence of 10 years in prison followed by 5 years of post-release supervision.
Acting DA Keane commends the Buffalo Police Department for their work in this investigation.
The case was prosecuted by Assistant District Attorney Frank A. Strano of the Major Crimes Bureau and Assistant District Attorney William Fitzgerald of the Felony Trials Bureau.
