Andrez Martina guilty; grandson's death: 'This was an intentional act'
MILWAUKEE - A Milwaukee County judge found Andrez Martina guilty on all charges on Thursday, May 5 in the killing of his 12-year-old grandson.
Martina is accused of using a sledgehammer and other objects to beat the boy, Andre Smith. He also hit Andre's little brother.
Martina was found guilty of charges including first-degree intentional homicide, physical abuse of a child, and possession of a firearm by a felon.
"This child became the outlet for a lot of rage," said Judge Stephanie Rothstein.
Prosecutors say Martina used a sledgehammer and other objects to beat the 12-year-old; he also beat his younger brother who witnessed the entire incident. Police say Martina accused the 12-year-old of stealing money from him.
Andrez Martina
Martina took the stand on Wednesday, arguing he acted against the 12-year-old because he had a gun pointed at him. In court Thursday, the judge said that based on the testimony, it was clear the 12-year-old boy picked up a gun. But the judge believed the boy was acting in his own self-defense.
"I wasn’t thinking I wasn’t in my right frame of mind," said Martina.
Martina admitted multiple times to being under the influence of drugs and alcohol when his grandchildren slept over his house last August.
He says when he confronted his grandson for the missing cash, the child pulled out a gun stored in the home.
"I grabbed the gun from him and he went into the wall, hit his head on the wall and that’s the last thing i remember," said Martina.
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His defense attorney asked the judge to consider a lesser charge -- arguing his client used imperfect self-defense in the situation. The prosecution argued against this claim.
"The defendant takes the gun away from Andre before any of the lethal blows are delivered to Andre," the prosecution said.
In her verdict, the judge says the child was likely acting in self-defense based on his younger brother's testimony.
"The evidence is also undisputed this child tried to escape the house twice," said the judge.
She says the evidence is all too clear.
"All of that indicates to the court inescapably this was an intentional act," she said.
Sentencing for Martina is scheduled for June 6.