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A Lyden man called the E-911 Center because he wanted to report his gun had been stolen at CVS, but when Española City Police Officer Jerome Broyles showed up, things quickly got strange.
Julian Martinez, 32, Lyden, claimed his gun was stolen from his car, July 12, after he stopped at CVS so one of the women he was with could pick up a prescription. He couldn’t tell Broyles who one of the women was and said the other was named “Michelle.”
When the officer asked Martinez how he knew the gun was stolen, the man told him he went into the store to buy fingernails for Michelle, but his debit card got declined, so he left the store. When he got back to his car, the gun was gone. He claimed he showed Michelle the gun a few hours prior to going to CVS, so he decided to check on it and discovered it was missing.
But something didn’t sounds right to Broyles.
“While Mr. Martinez was speaking with me I noticed he was very jittery, stumbled over his own words, and struggled staying focused and explaining his statements in a chronological order,” he wrote in his incident report. “Mr. Martinez gave several different versions of events to Española Officer Mike Dimas and Sergeant Monica Salazar.”
Because Martinez couldn’t keep the details straight, Broyles went into CVS to try and find witnesses that might have seen Martinez in the store. He spoke with two unidentified employees who said they saw Martinez inside and he had picked out a package of fake fingernails. He went to the clerk and asked if she thought the nails would look good on him.
“She stated she helped Mr. Martinez pick out plastic finger nails and met with him at the front of the store near the register,” Broyles wrote.
At the register, Martinez offered to buy a female customer a candy bar and was acting strangely. The employee said Martinez’s card got declined and he left the items at the register and walked out of the store.
Broyles viewed video surveillance, but did not see any passengers get out of Martinez’s car at any time, prior to the officer arriving on scene. He did see a woman approach Martinez and talk to him at a distance for a few seconds, but then she leaves and didn't return.
Broyles wrote that when he went back to speak with Martinez, he was jittery, nervous and wide-eyed. He asked again what happened and got a different account of events. Broyles asked him who he was with and Martinez began to ask, “Should we write this down?” and “What time would this be at?”
He told Broyles that he was concerned because he has sensitive skin and he’s been attacked by police dogs. He then said when he came out of CVS, the girls he was with disappeared.
Broyles asked him if he suffers from mental illness and he said no. He then asked why his story wasn’t matching up with what was on the surveillance camera, to which Martinez replied, “Maybe God took its toll and the girls threw the gun in the river.” He said he wanted to file a report with the “ATF” (Alcohol, Tobacco and Firearms).
Martinez admitted to driving his car to the store and said he was going to drive back to Lyden. That’s when Broyles started the field sobriety tests.
He wrote Martinez’s eyes were very bloodshot and watery and he swayed as he administered the horizontal gaze test and told Broyles, “My mouth wants to move.”
“I also noticed Mr. Martinez make strange statements and actions,” Broyles wrote. “At one time Mr. Martinez gave me a military style salute and stated he wanted to show me respect. When I asked Mr. Martinez if he was in the military he stated ‘no but I do lots of exercises.’”
Martinez also failed the nine-step walk and turn test and the one-leg stand. He was arrested for driving under the influence of intoxicating liquor and/or drugs. Martinez initially agreed to submit to drug/alcohol testing, but then withdrew his consent.
Martinez’s father was called and took possession of the man’s car. It’s unclear if a gun was actually stolen.
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