Schenectady murderer gets 65 years to life

Jose “Mikey” Torres was a good person whose life was taken for no reason, his brother Hector Gomez told a judge this morning.

Gomez’ little brother was 24 when he was gunned down at a backyard family gathering in Schenectady on Labor Day weekend in 2013. He left behind many good memories, Gomez said.

Torres’ killer, Emmanuel Martinez, Gomez told the judge, will live out his life confined to a state prison cell and forgotten.

“Nobody will ever remember you,” Gomez told Martinez. “We will always remember my little brother.”

“I hope it haunts you every day, every day,” Gomez said at another point, “until you take your last breath.”

With the sentence handed down Monday morning by Judge Michael Coccoma, Martinez very likely will take that last breath in state custody.

Coccoma handed down the stiffest possible sentence for Martinez — a total of 65 years to life in state prison. That sentence reflects consecutive terms for each of the three shots Martinez fired into the backyard gathering, which resulted in the death of one man, near death of another and endangerment of adults and multiple children.

The judge cited the “horrific nature” of Martinez’ crimes and his demonstrated disregard for human life. The judge also cited the senseless nature of the acts, coming in response to a simple slap to the face Martinez took hours before.

“This idea of ’street justice, is just another term for ’cowardice’ and the trial evidence showed you turned and ran like a coward from the scene of your crime,” Coccoma told Martinez in handing down the sentence. “That’s the kind of person that you are.”

Under the sentence imposed, Martinez won’t be eligible for parole until 2078, when he will be 92 years old.

Martinez declined to give a statement at his sentencing. His attorney, Mark Gaylord, cited a lack of a criminal history in asking for a sentence that would allow Martinez the opportunity to be released one day.

Martinez, now 29, of Schenectady, was convicted after trial in June on all charges. Among his convictions were second-degree murder in the death of Jose “Mikey” Torres and second-degree attempted murder for the wounding of his brother Luis Gomez.

Martinez opened fire at the Torres family’s Becker Street residence Aug. 30, 2013, hours after a confrontation on the street elsewhere between Martinez and his victims. The confrontation resulted in Martinez being slapped in the face.

The verdict came 10 months after the initial trial in the case ended without a verdict when one of the jurors failed to return for deliberations. Members of Torres’ family sat through both trials. They filled a side of the gallery for Monday’s sentencing.

Prosecutor Brian Gray outlined Martinez’ actions that day. He said Martinez methodically plotted his revenge after being slapped. He returned home, got his gun, took a cab to Becker Street and even slashed tires in anticipation of being chased afterward, Gray said.

The shooting lasted 15 seconds. Martinez’ first shot struck Jose “Mikey” Torres in the chest. The second shot hit Gomez in the neck. Had that shot taken a slightly different trajectory, Gray said, Gomez could have been killed.

The third shot was taken with the most malice, Gray said. That’s because Martinez didn’t aim, firing into a backyard that he knew had multiple children.

“He just didn’t care,” Gray said. “What he cared about was his ego.”

Also speaking on behalf of the Torres family Monday was Carmen Torres, mother of both Jose Torres and Luis Gomez.

She held back tears as she spoke. She said she is happy that justice is done, but she also knows it’s not going to bring her son back.

“The pain that I feel is not going to go away,” she said.

Jose Torres left behind four children, now ages 2 to 11.

They lost their father, Carmen Torres said. “I just pray,” she said, “that he pays every minute of the day for that.”

Categories: News, Schenectady County