Martinez was one of three suspects arrested after an early morning shooting on Oct. 10, 2009 at Amore’s Italian Restaurant on the corner of 11th and A streets.
One of the other suspects — Michael Mau, 24 — is charged with the murder of Naim Bey, who died after Mau allegedly fired a gun repeatedly through a side door at patrons of the restaurant-turned-nightclub. He is also charged with six counts of attempted murder, street terrorism, gang-related charges and others.
Third suspect Elvis Mendoza’s charges were dropped in March.
Martinez, 25, initially faced charges of being an accessory after the fact, participating in street terrorism and committing a crime for the benefit of a street gang. He pled guilty to being an accessory after the fact and street terrorism — both felonies — and now faces 710 days, or almost two years, in state prison, after which he will be released as a parolee.
The total sentence would have spanned two years and eight months, but the nearly one year he has already spent in prison counts as time served.
Attorneys on both sides have already subpoenaed Martinez to appear in court and testify in Mau’s trial, which is scheduled to begin in October. Accordingly, Martinez’s plea deal includes the condition that his testimonies not lead to further charges against him.
Charges against Mau include those relating to his alleged involvement with the Norteño gang, to which Martinez is also supposedly tied.
Sentencing for Martinez will happen on Jan. 24 in San Joaquin County superior court.
Meanwhile, preparation continues for the upcoming trial of Mau.
A preliminary hearing Monday confirmed that jury selection will begin early next week. Judge George J. Abdallah Jr. requested 400 potential jurors for the initial two days of jury selection, and he and attorneys finalized a lengthy questionnaire that will be given to potential jurors.
Abdallah also ruled that Mau’s Miranda rights had not been compromised during an Oct. 10, 2009, interview with police at Tracy Police Department — a concern Mau’s attorney had expressed previously. Abdallah said that after examining a video transcript and written transcript of the interview, Mau was “properly advised of this rights … and waived those rights.”
Abdullah also noted the video transcript provided by police was one of the clearest he had seen.
The trial for Mau is tentatively set to begin Oct. 19.