State v. Martinez
CourtCourt of Appeals of Utah
Date FiledNovember 5, 2026
DocketCase No. 20240889-CA
StatusPublished
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Full Opinion
2026 UT App 171
THE UTAH COURT OF APPEALS
STATE OF UTAH,
Appellee,
v.
DANIEL MARTINEZ,
Appellant.
Opinion
No. 20240889-CA
Filed November 5, 2026
Third District Court, Salt Lake Department
The Honorable Linda M. Jones
No. 221903840
Sarah J. Carlquist, Attorney for Appellant
Derek E. Brown and Tera J. Peterson,
Attorneys for Appellee
JUDGE DAVID N. MORTENSEN authored this Opinion, in which
JUDGES RYAN D. TENNEY and JOHN D. LUTHY concurred.
MORTENSEN, Judge:
¶1 Daniel Martinez was upset that a house party had been
broken up early by a displeased Airbnb property manager. After
exiting the house, Martinez hurled full beer bottles into the street
and in the direction of a parked Tesla. Annoyed, the Tesla’s owner
asked Martinez, relatively nicely, to stop. Instead, more bottles
were thrown, which led Martinez and the Tesla owner to
exchange reciprocal profane insults. Martinez asked a nearby
friend for the friend’s pistol, whereupon Martinez—essentially
skipping along the way—emptied the pistol’s magazine in the
direction of the Tesla, killing its owner and Martinez’s cousin,
who was in the line of fire by happenstance. Now convicted by a
jury on two counts of aggravated murder, Martinez claims that
the State failed to produce sufficient evidence to disprove beyond
State v. Martinez
a reasonable doubt his self-defense theories. We affirm the
convictions.
BACKGROUND 1
The Shooting
¶2 In April 2022, seventeen-year-old Martinez, his cousin Jeff,
and their friends Earl and Gene spent an evening searching for a
party to attend. 2 Gene drove the group around, and Jeff, who was
of age, purchased two cases of beer for them. The group initially
planned to meet up with three other friends—Derrick, Evan, and
Henry—but the party they were heading to was already over by
the time they arrived. Instead, they parked at a city overlook to
take in the view, drink beer, and smoke marijuana. While hanging
out there, they found out about a different party that Derrick,
Evan, and Henry were planning to attend. Notably, both Earl and
Gene brought handguns with them that night, though Gene
decided to give his gun over to Jeff to help him “feel safer.”
¶3 Around midnight, Gene drove the group to the party. The
event was very crowded, making it difficult to park, but he
eventually managed to find a spot nearby. As they went inside,
Martinez and Earl each carried a case of beer.
¶4 The party didn’t last long. The house that hosted the
gathering was an Airbnb rental, and after receiving noise
1. “On appeal, we review the record facts in a light most favorable
to the jury’s verdict and recite the facts accordingly. We present
conflicting evidence only as necessary to understand issues raised
on appeal.” State v. Holgate, 2000 UT 74, ¶ 2, 10 P.3d 346 (cleaned
up).
2. With the exception of Martinez, we employ pseudonyms for all
those mentioned in this opinion.
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State v. Martinez
complaints, the property manager arrived and informed the
renter that parties were prohibited and that everyone needed to
leave. The home’s doorbell camera captured the partygoers filing
out of the house. As relevant here, Martinez was seen leaving with
a case of beer, closely followed by Earl carrying the second case.
On his way out, Martinez directed an insult at the manager,
calling him a “white n***a ass.” Gene was also recorded leaving
the house while talking on his cellphone with his girlfriend, Josie.
Jeff, however, was not captured on the video footage, suggesting
he had left the party earlier.
¶5 Outside on the street, a crowd of about twenty to thirty
people loitered as they slowly made their way to their vehicles.
Gene, who was still on the phone with Josie, stood chatting with
Derrick, Evan, and Henry near Derrick’s car. Martinez and Earl
were hanging out together nearby when Martinez began
throwing “bottles up in the sky or down at the ground and all
around, just aimlessly, recklessly.”
¶6 Troubled by this behavior, Gene and Derrick questioned
Earl about the situation and urged him to get Martinez to stop.
Instead of dialing his behavior back, Martinez threw a bottle
toward a Tesla parked near Derrick’s car. The Tesla driver, Alex,
“polite[ly]” requested that Martinez be careful around his vehicle:
“Hey, man, can you stop? You know, my car.” But Martinez
angrily responded, “No, fuck you,” and launched another bottle
“directly at him or his car.” Martinez “continuously” refused to
stop and was “angry the entire time.” In response to the
aggression, Alex cursed back at Martinez multiple times, saying,
“Fuck you.”
¶7 This prompted Martinez to escalate the confrontation by
making “gestures” and saying that “he would fuck him up.” An
“agitated” Martinez “turned around and walked towards [Earl].”
Alex retreated to his car, got into the driver seat, and buckled
himself in. Martinez turned back toward the Tesla and yelled
again. Then Martinez turned back toward Earl and asked Earl for
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State v. Martinez
his gun, which Earl handed to him. Gene overheard Martinez say
to Earl, “I saw a beam. Let me see your shit.” Martinez then racked
the gun twice, sprinted toward the Tesla in a skipping motion,
and rapidly fired ten shots.
¶8 The gunfire resulted in two fatalities. One of the bullets
pierced the Tesla’s windshield and struck Alex in the chest, killing
him. Another bullet struck Jeff in the back of the head while he
was walking on the sidewalk behind the Tesla. He was
transported to the hospital, but he ultimately died from his
injuries.
¶9 Following the shooting, Martinez and Earl sprinted toward
Derrick’s car, with Martinez “waving” the gun around. Martinez
demanded to be let inside, but Derrick adamantly refused, telling
them, “No, no, no, get the fuck out.” Martinez aimed the weapon
at Derrick and pulled the trigger twice, but the gun was empty
and failed to discharge. Despite Derrick’s objections, Martinez
and Earl “forced themselves” into the vehicle. Derrick drove a
short distance before abruptly slamming on the brakes and
ordering the pair “to get the fuck . . . out of [his] car.” Martinez
and Earl finally exited the vehicle, allowing Derrick to quickly
drive away from the scene.
¶10 Meanwhile, Gene went to his car, got in, and started the
engine. Earl and Martinez then climbed inside, with Martinez
declaring, “I still have the gun, drive.” As they fled the
neighborhood, Gene repeatedly asked, “Where is [Jeff]?” In
contrast to Gene’s concern, Martinez and Earl were laughing and
high-fiving one another. After a short distance, Gene stopped the
car and angrily demanded that the two get out. “They hesitated
at first, but then they got out,” with Martinez taking the gun with
him. Throughout this entire time, Gene had remained on the
phone with Josie.
¶11 During their investigation of the crime scene, police
discovered that the Tesla had sustained extensive damage, with
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State v. Martinez
bullet holes riddling it inside and out. Additionally, investigators
recovered a Beretta handgun equipped with a red laser sight lying
on the driver side floorboard of the Tesla.
¶12 During Alex’s autopsy, the medical examiner noted that
Alex had sustained “punctate abrasions”—which are “little tears
in the skin”—on his abdomen and the backs of both of his hands.
Such injuries frequently accompany gunshot wounds when a
bullet shatters an intermediary object, transferring energy to the
fragments and embedding them into the victim’s skin. In this
incident, the abrasions were caused by shattered glass from the
Tesla’s windshield. Based on the presence of punctate abrasions
on the back of Alex’s hands, the medical examiner concluded
that he was sitting in the driver seat with the back of his hands
facing the windshield at the exact moment he was struck by the
gunfire.
¶13 When questioned by detectives, Martinez provided
multiple conflicting accounts of what occurred at the party. In his
initial statement, Martinez claimed he arrived with only Jeff at
about 10:30 p.m. He stated that when the party was shut down,
people were mad and making “a big old commotion” out in the
street but that he and Jeff walked directly toward his car before
getting separated.
¶14 Martinez quickly changed this story to introduce Earl into
the account, who, Martinez said, had driven them to the party. He
again revised his narrative to say that “as soon as [he] heard” the
party was not authorized, he told Jeff that it was “time to leave”
and the three walked toward the car together, when Jeff suddenly
disappeared, leading Martinez and Earl to return to Earl’s house
and sleep.
¶15 His story continued to evolve as he added new details,
stating that he specifically went to the car to check if Jeff was
asleep inside and that he and Earl even drove past the party to
look for him.
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State v. Martinez
¶16 When detectives asked about the “commotion,” Martinez
said it was “on the other side of the road,” that he was not part of
it, and that he “was just trying to go home.” But when asked why
he left, Martinez introduced a crucial new detail: “Cause of
course, gunshots are going off.” He also said people were arguing
and throwing beer bottles. Martinez initially denied throwing any
bottles himself, but after detectives brought up the possibility of
fingerprint evidence, he confessed to throwing at least one bottle
into the road. He attempted to shift the bulk of the blame to Earl,
claiming Earl threw “a lot” of them.
¶17 When the subject of firearms came up, Martinez insisted
that he never carried a gun, but he asserted that Earl, Jeff, and
Gene all carried weapons. Around this point, Martinez altered his
story again to place Gene at the party. He also finally admitted
that he was “part” of the street commotion and was throwing beer
bottles, saying that other people were confronting him and telling
him, “Come do that shit over here.” But he denied being the
shooter, instead suggesting that either Earl or Gene fired the
shots.
¶18 In yet another version of the events, Martinez admitted
that he and Earl were both throwing bottles and were challenged
by others, which culminated in someone pulling out a gun and
pointing it “straight at [Earl],” after which “they just started firing
at each other.”
The Proceedings
¶19 Martinez was charged with two counts of aggravated
murder. At trial, witnesses testified consistently with the events
as described above. We recount relevant portions of the testimony
in our summary of the proceedings.
¶20 In the opening statement, defense counsel claimed that
before shooting, Martinez was “being painted by a laser on a
pistol” and “had mere milliseconds to react.” While Martinez
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State v. Martinez
admitted that he was the one who killed Alex and Jeff, defense
counsel argued that he acted in self-defense because “he believed
that he and his friends’ lives were in danger or facing serious
bodily injury,” giving him “the right to act.”
¶21 Gene testified that he had a “good view of [what was]
happening right in front of [him].” He observed that Martinez was
visibly angry the entire time, yelling as he left the porch and
aggressively threatening Alex with “gestures” and saying that “he
would fuck him up.” Gene testified that when Martinez initially
turned toward Earl, he showed no signs of being afraid or
threatened. However, Gene said that upon turning back a second
time, Martinez demanded a weapon from Earl, claiming, “I saw a
beam. Let me see your shit,” which prompted Earl to hand
Martinez the gun. Gene stated that he never saw Alex with a
weapon and that he did not see any laser pointers, red lasers, or
evidence of anyone else firing a gun. Gene said that when he
confronted Martinez about the shooting afterward, Martinez
asserted, “I don’t know what the fuck you expected me to do, I
saw a beam. I saw a beam.” Ultimately, Gene testified that he had
no idea why Martinez was so angry and could not “see any reason
why [Martinez] did what he did.”
¶22 Derrick testified that he had an “unobstructed view of
what was happening in the street.” He described Martinez as
being angry and acting as the aggressor during the incident.
Derrick also stated that he did not see Alex with a weapon and
that he did not observe any red dots or lasers. In fact, Derrick
stated that Martinez was the only person he saw making threats
or holding a weapon. Derrick further noted that he never heard
Martinez mention anything about someone else having a weapon
or “beaming him.”
¶23 Evan testified that he was standing outside of Derrick’s
vehicle, simply observing the events as they unfolded. He stated
that he did not see Alex holding a weapon and that he did not
observe any type of laser or laser light.
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State v. Martinez
¶24 Josie, Gene’s girlfriend, testified that she was on the phone
with Gene as he left the party and remained on the line while the
shooting occurred and as Gene drove away. She stated that she
heard gunshots over the phone, followed by the sound of other
people getting into Gene’s vehicle. She also heard two people
“laughing and making jokes,” saying, “Oh, my God, I can’t
believe that we just shot them.” Because she was very familiar
with Earl, Josie was able to recognize his laugh, though she did
not recognize the voice of the second person. Eventually, Josie
said that she heard Gene shouting at the passengers to get out of
his car.
¶25 After the State concluded its case, Martinez’s counsel
moved for a directed verdict, arguing, as relevant here, that the
State had not “shown sufficient evidence beyond a reasonable
doubt that—or that a jury could find beyond a reasonable doubt
that [Martinez] was not acting in self-defense or in imperfect self-
defense.” The district court denied the motion, explaining,
“[T]here have been several witnesses who have testified that they
saw no evidence that evening that [Alex] initiated an aggression,
no evidence of a laser pointed at . . . Martinez. No evidence of a
threat to . . . Martinez. Consequently, the issue of self-defense and
imperfect self-defense are jury questions based on the totality of
the circumstances, the circumstantial evidence, reasonable
inferences and the facts that have been presented up to this stage.”
The court concluded that “the State [had] produced believable
evidence from which a reasonable jury could find that the
elements of two counts, aggravated murder, [had] been proven
beyond a reasonable doubt.”
¶26 After the district court denied his directed-verdict motion,
Martinez put on his own evidence, largely through his own
testimony, which we recount as relevant here.
¶27 Martinez testified that he fired toward the Tesla because he
spotted a laser beam aimed at his body and “thought [his] life was
in danger.” While he acknowledged throwing beer bottles into the
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street, he denied throwing them directly at the Tesla. Martinez
stated that when Alex and a couple of others told him to stop, he
“just walked away” and “didn’t pay attention to them.”
¶28 However, Martinez also conceded that he and Alex did end
up exchanging words regarding the bottle-throwing. He admitted
that he told Alex “to f-off” in response to his request to stop
throwing bottles. He testified, “I kind of just ignored him and then
. . . I popped off another one and then he said something and we
just started arguing.” Martinez explained that he was “not going
to do what [Alex] told [him] to do.” During their argument,
Martinez said that he noticed a “green” laser beam shining from
the Tesla onto his midsection. 3 Although he had never been
targeted with a laser-sighted firearm in the past, he assumed the
laser was a gun sight based on his experience playing video
games. But Martinez admitted that he did not see a gun and that
he “just saw a laser.”
¶29 Martinez said that after noticing the laser, he initially
turned away and walked past Earl without mentioning the laser
to him. Although he recognized the laser as a warning to take
cover to avoid getting shot, he admitted that he made no effort to
take evasive action. Rather than attempting to calm the situation,
he turned back to face the Tesla, gestured at Alex, and continued
shouting.
¶30 Martinez stated that he then saw “the laser was still
pointed at [him] so [he] just acted on . . . instincts,” turning his
back, putting down his case of beer, and asking Earl for his gun.
He then advanced directly toward the Tesla and fired shots
through the driver-side windshield. Martinez explained that his
“hopping and skipping” movements were his “attempt to be
evasive or avoid being hit” because he “believed that [Alex] was
going to shoot through his own windshield to stop [Martinez]
from breaking bottles.” He further justified his decision to
3. The laser on the Beretta found in the Tesla was red.
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State v. Martinez
confront the alleged threat head-on by stating that video games
had taught him that walking toward danger is how you eliminate
it.
¶31 Martinez denied allegations that he had tried to shoot
Derrick, as well as claims that he celebrated by laughing and high-
fiving Earl after the incident. He asserted that he lied during his
police interview because he was not ready to take responsibility
or face the consequences of his actions. Martinez admitted to
giving law enforcement several conflicting stories, which
included falsely naming his “loyal” friend Earl as the shooter.
¶32 After resting his case, Martinez did not make another
directed-verdict motion. The jury was instructed, as relevant on
appeal, on perfect and imperfect self-defense and ultimately
found Martinez guilty on both counts of aggravated murder. 4 It
also concluded that the State had proved beyond a reasonable
doubt that imperfect self-defense did not apply to either murder.
ISSUE AND STANDARD OF REVIEW
¶33 Martinez appeals the district court’s denial of his motion
for a directed verdict, arguing that the State did not present
sufficient evidence to disprove his claims of perfect and imperfect
self-defense beyond a reasonable doubt. “We review the denial of
a motion for a directed verdict for correctness. But when a
defendant challenges the denial of a motion for a directed verdict
based on the sufficiency of the evidence, the applicable standard
of review is highly deferential [to the jury verdict], and we will
uphold the district court’s denial if, when viewed in the light most
favorable to the State, some evidence exists from which the
elements of the crime could be proven beyond a reasonable
4. Martinez does not allege on appeal that the instructions were
defective.
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State v. Martinez
doubt.” State v. Meguerditchian, 2026 UT App 73, ¶ 21, 591 P.3d 765
(cleaned up), cert. denied, 594 P.3d 1084 (Utah 2026). 5
5. The State asserts that this issue is unpreserved, arguing that
after Martinez’s motion for a directed verdict made at the close of
the State’s case was denied, he proceeded to present his own case,
which “changed” the “evidentiary landscape” and caused the
State to “adjust[]” its theory of the case to counter the evidence he
presented to support his claim of self-defense. And the State
argues that because Martinez’s defense evidence was never
considered in denying the directed verdict motion, the district
“court had no opportunity to rule on the arguments Martinez now
raises for the first time on appeal.”
We recognize that there is some tension in our caselaw
about how to approach this type of situation. Compare State v.
McCallie, 2016 UT App 4, ¶ 41, 369 P.3d 103 (“If the defendant
moves for a directed verdict at the close of the State’s case, and if,
as often happens, the court denies the motion, the defendant may
call defense witnesses, after which the State may call rebuttal
witnesses. The question is whether the appellate court may
consider this post-motion evidence in reviewing the trial court’s
denial of the motion.”), with State v. Kihlstrom, 1999 UT App 289,
¶ 9, 988 P.2d 949 (“[Our] review of the sufficiency of the evidence
is limited to the evidence adduced by the prosecution in its case-
in-chief. Specifically, the evidence presented by [the] defendant in
his case, and that brought out by the prosecution in cross-
examination and in its rebuttal case, are not relevant to our
inquiry.”).
While we would welcome further briefing on this dynamic
in some future case, we find no occasion to resolve this tension in
this case. Even if Martinez’s argument is treated as preserved, and
even if we can consider the defense evidence, his arguments still
fail. On this record, we need not squint so hard as to differentiate
among the evidence in the State’s case-in-chief, the evidence
introduced in the defense case that supports the State’s case, and
(continued…)
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State v. Martinez
ANALYSIS
I. Perfect Self-Defense
¶34 Martinez contends that the State presented insufficient
evidence to disprove his perfect self-defense claim. More
specifically, he asserts that the evidence was insufficient to
disprove the reasonableness of his belief that Alex “activating and
pointing a laser-sighted pistol at him constituted an imminent and
unlawful threat of harm” and that “defensive force was necessary
to prevent death or serious bodily injury.”
¶35 Under Utah law,
An individual is justified in using force intended or
likely to cause death or serious bodily injury only if
the individual reasonably believes that force is
necessary to prevent death or serious bodily injury
to the individual or another individual as a result of
imminent use of unlawful force, or to prevent the
commission of a forcible felony.
Utah Code § 76-2-402(2)(b). Accordingly, self-defense applies
when a person (1) “reasonably believes” that (2) serious unlawful
harm is “imminent” and that (3) defensive force is “necessary” to
prevent that harm. See id. A person’s reasonable belief that the use
of force is necessary has an objective component, including
circumstances such as the “nature” and “immediacy” of the
the evidence in the defense case that supports only Martinez’s
legal argument. This is so because even if we consider the totality
of the evidence in the record, sufficient evidence exists to sustain
the denial of the motion for a directed verdict. Cf. State v. Kitches,
2021 UT App 24, ¶ 28, 484 P.3d 415 (“If the merits of a claim can
easily be resolved in favor of the party asserting that the claim was
not preserved, we readily may opt to do so without addressing
preservation.” (cleaned up)).
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State v. Martinez
danger. State v. Sorbonne, 2022 UT 5, ¶ 26, 506 P.3d 545.
Additionally, self-defense cannot be claimed by an individual
who (1) “initially provokes the use of force against another
individual with the intent to use force as an excuse to inflict bodily
harm upon the other individual” or (2) “was the aggressor . . . ,
unless the individual withdraws from the encounter and
effectively communicates to the other individual the intent to
withdraw from the encounter and, notwithstanding, the other
individual continues or threatens to continue the use of unlawful
force.” Utah Code § 76-2-402(3)(a)(i), (iii).
¶36 “When a defendant raises a claim of either perfect or
imperfect self-defense, the prosecution has the burden to prove
beyond a reasonable doubt that the killing was not in self-
defense.” State v. Palmer, 2025 UT App 135, ¶ 29, 577 P.3d 1285
(cleaned up), cert. denied, 585 P.3d 46 (Utah 2026); see also State v.
Garcia, 2001 UT App 19, ¶ 11, 18 P.3d 1123 (“If self-defense is
adequately raised, the State has the burden to prove beyond a
reasonable doubt that the killing was not in self-defense. The
defendant does not bear the burden of persuasion.” (cleaned up)).
But to succeed on an insufficiency-of-the-evidence claim in this
context, the defendant must “show that, when viewed in the light
most favorable to the State, no evidence existed from which a
reasonable jury could find beyond a reasonable doubt that [the
defendant] did not act in self-defense.” State v. Gonzalez, 2015 UT
10, ¶ 27, 345 P.3d 1168. As we explain, Martinez “has not satisfied
this burden.” Id.
¶37 First, the State presented sufficient evidence that Martinez
was the initial aggressor who provoked Alex and that Martinez
did not effectively withdraw from the encounter. Several
witnesses testified that Martinez initiated the aggression when he
began throwing beer bottles at the Tesla. And Martinez was asked
by his friends to stop throwing beer bottles into the street. He
refused to stop and then resumed throwing bottles toward the
Tesla. Martinez responded to Alex’s request that he stop with an
expletive-laced refusal and by continuing to target the Tesla with
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State v. Martinez
the beer bottles. Moreover, he was described as being “angry the
entire time.”
¶38 Martinez argues that even if he was the initial aggressor,
he “did withdraw from his initial encounter with [Alex], and he
effectively communicated his withdrawal when he turned his
back on [Alex], walked away from [Alex’s] Tesla, and stopped
throwing beer bottles.” However, this argument misinterprets the
evidence presented by the State and does not construe the
evidence in favor of the verdict, as our review requires us to do.
There was no evidence that Martinez tried to calm the situation
down or show that he was abandoning the fight. While he did
turn and walk away momentarily, he immediately spun
back around, gestured at Alex, and kept yelling offensive
remarks. Because of this continued hostile behavior, there
simply is no evidence to support a finding that Martinez
clearly communicated an intention to withdraw from the
confrontation.
¶39 Second, there is substantial evidence that Martinez’s
asserted belief that serious, unlawful harm was imminent was not
reasonable. Martinez resists this conclusion by claiming he had
de-escalated the situation by walking away and stopping his
bottle-throwing but that he had to use deadly force when he saw
a laser sight from Alex’s gun pointed at him. However, this
interpretation misrepresents the evidence and does not construe
it in favor of the verdict. The only evidence to support Martinez’s
assertion that Alex “continued to keep his laser-sighted pistol
trained on Martinez” after Martinez turned away was Martinez’s
own self-serving testimony. Doorbell camera footage directly
contradicts his story; it never shows Martinez looking down at his
midsection for a laser, but instead it captures him acting
aggressively, shouting, and threatening Alex. None of the other
witnesses indicated that they saw a laser pointing at Martinez.
Furthermore, Martinez took no evasive action to protect himself
after supposedly seeing the threat. Rather than taking cover, he
turned his back twice, continued yelling, and actually skipped
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State v. Martinez
toward the supposed danger before recklessly firing ten rounds
into a busy street. And there is plenty of evidence that Alex never
aimed his laser-equipped firearm at Martinez after Martinez
initially turned away. Even if Alex had pointed the laser at him
earlier in the encounter, there is evidence that by the time
Martinez spun back around to shout and point at Alex, Alex was
already securely buckled into his vehicle.
¶40 Third, there is evidence that Martinez didn’t believe that
serious, unlawful harm was imminent. The video recordings do
not depict Martinez as fearful, trying to avoid the conflict, or
attempting to retreat. Instead, the footage captures him shouting
in anger, moving aggressively toward the Tesla, and ultimately
running, skipping, 6 and firing a weapon at the Tesla.
Furthermore, the doorbell camera footage never shows him
checking his midsection for a laser beam such that he would have
even been aware that a laser sight was fixed on him. And in the
aftermath of the shooting, Martinez did not contact the
authorities, which would normally be expected if he had truly
believed he was acting in self-defense. Rather, the evidence
showed that he fled the scene while laughing about having shot
Alex and giving Earl a high-five. Likewise, when he was later
interrogated by law enforcement, he never mentioned self-
defense but lied repeatedly and falsely accused Gene and Earl of
the shooting. Moreover, physical evidence suggests it was
impossible for Alex to be aiming a laser when Martinez turned
and began shooting. At the time Martinez claimed he saw the
laser, Alex was buckled in his seatbelt in the driver seat with the
backs of his hands facing the windshield. At best, Martinez’s self-
defense argument is merely a fabricated afterthought designed to
excuse the fact that he shot two people after a party. In other
words, the State presented convincing evidence that Martinez not
only lacked a reasonable belief that using deadly force was
6. From our review of the evidence, Martinez’s skipping looks
more playful than like serpentine counter-offensive efforts.
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State v. Martinez
necessary, but also that he did not have any belief justifying his use
of such force.
¶41 While Martinez might dispute the prosecution’s case to the
jury, his mere disagreement does not mean there was a lack of
evidence to disprove his claim of self-defense. To successfully
challenge the outcome, he has the burden to “show that, when
viewed in the light most favorable to the State, no evidence
existed from which a reasonable jury could find beyond a
reasonable doubt that [he] did not act in self-defense.” See
Gonzalez, 2015 UT 10, ¶ 27. Because he has failed to meet this
burden, this claim of error fails.
II. Imperfect Self-Defense
¶42 Martinez also argues that “[g]iven the circumstances
surrounding [his] encounter with [Alex, he] could reasonably but
mistakenly believe that he was legally justified in using defensive
force against” Alex. This claim fails because the State presented
sufficient evidence to disprove beyond a reasonable doubt that
Martinez had a reasonable belief that he was justified in using
deadly force in self-defense.
¶43 Imperfect self-defense requires “a reasonable belief that the
circumstances provided a legal justification or excuse for the
conduct although the conduct was not legally justifiable or
excusable under the existing circumstances.” Utah Code § 76-5-
203(4)(a) (emphasis added). “The only difference between perfect
self-defense and imperfect self-defense claims is that to succeed
on an imperfect self-defense claim, a defendant need not show
that the use of deadly force was legally justifiable under the
circumstances. In other words, perfect self-defense requires that a
defendant’s belief that force is necessary be both reasonable and
legally justified. Imperfect self-defense, meanwhile, requires only
that the defendant’s belief be reasonable.” State v. Palmer, 2025 UT
App 135, ¶ 30, 577 P.3d 1285 (cleaned up), cert. denied, 585 P.3d 46
(Utah 2026).
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State v. Martinez
¶44 As we explained, see supra ¶¶ 39–40, the State presented
abundant evidence to show that Martinez lacked a reasonable
belief that the circumstances provided a legal justification for
using deadly force. Instead of supporting a finding that Martinez
acted out of a reasonable belief or fear that Alex posed a threat
justifying deadly force, the evidence supported a finding that
Martinez’s actions were driven by a free-floating anger over the
circumstances. As we explained in the previous section, the State
presented evidence proving beyond a reasonable doubt that
Martinez did not genuinely believe he needed to use lethal force
to protect himself from death or serious harm. Accordingly,
Martinez has not met his burden to show that “when viewed in
the light most favorable to the State, no evidence existed from
which a reasonable jury could find beyond a reasonable doubt
that” Martinez did not act in imperfect self-defense. See State v.
Gonzalez, 2015 UT 10, ¶ 27, 345 P.3d 1168.
CONCLUSION
¶45 The State presented sufficient evidence to disprove beyond
a reasonable doubt that Martinez acted in perfect or imperfect
self-defense when he shot and killed Alex and Jeff.
¶46 Affirmed.
20240889-CA 17 2026 UT App 171