A fourth shot entered his right cheek, passed through his skull, and was recovered inside Officer Martin’s head. A third shot entered Officer Martin’s back, proceeded through his kidney, through the right lobe of his liver, through his diaphragm, and lodged in his back. Another shot passed through Officer Martin’s neck near his collar bone. One shot entered the back of Officer Martin’s right hand and left through his palm. ¶ 4 Shortly after Steve and Susan Ball passed, Ernesto Martinez shot Officer Martin four times with the. As they passed by, Susan Ball noticed Officer Martin standing at the driver’s side door of the Monte Carlo while Martinez looked in the backseat. Steve and Susan Ball saw Officer Martin’s patrol car stopped behind Martinez’ Monte Carlo and commented, “Oh, good, he got the speeding ticket.” Tr. Officer Martin was patrolling the Beeline Highway that morning and pulled Martinez over at Milepost 195. Martinez was driving extremely fast and passed several motorists, including a car driven by Steve and Susan Ball. He bought ten dollars worth of gas and proceeded south down the Beeline Highway toward Phoenix. On August 15, 1995, at approximately 11:30 a.m., Martinez was seen at a Circle K in Payson. ¶ 3 Sometime after his conversation with Fryer, Ernesto Martinez left Globe and drove to Payson. Martinez told Fryer, “he wasn’t going back to jail.” Id. Fryer then asked Martinez what he would do if he was stopped by the police. Fryer asked Martinez why he had the gun, to which Martinez responded, “or protection and if shit happens.” Tr. 38 caliber handgun with black tape on the handle from under his shirt and showed it to Fryer. Martinez responded that he was on probation for eight years and had a warrant out for his arrest. Fryer then asked Martinez if he was still on probation. Martinez told Fryer that he had been in California. After learning that his parents had moved to Payson, Arizona, Martinez met his friend Oscar Fryer. Martinez drove from California to Globe, Arizona in a stolen blue Monte Carlo to visit friends and family. Tests revealed that at least one of the bullets that struck Officer Martin was fired from Martinez’s tape-wrapped revolver. After his arrest, Martinez was overheard during a telephone call bragging to a friend-and laughing-that he had killed a cop. Martinez fled to California, where the police arrested him a day later and recovered the murder weapon and Officer Martin’s service revolver. Due to Martinez’s reckless, high-speed driving while fleeing the scene, several other drivers took down the Monte Carlo’s license plate number. Martinez shot Officer Martin four times and took his service revolver. One couple passed him just after Officer Robert Martin had stopped him and was approaching the stolen Monte Carlo. On August 15, 1995, several drivers noticed Martinez because of his excessive speed on S.R. Martinez had prior convictions for violent crimes, was in violation of his probation, and did not want to go back to prison. Two days before the murder, he showed a friend in Globe his revolver with black electrical tape wrapped around the handle. In July 1995, Martinez stole a blue Monte Carlo in California and a license plate from another California car.
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