Jury Finds Defendant Guilty for Raping Victim at Gunpoint

Modified: March 4, 2020 9:50am

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Erie County District Attorney John J. Flynn announces that a jury has found 37-year-old Ismael Martinez of Buffalo guilty, as charged, of one count of Rape in the First Degree, a Class “B” violent felony, one count of Criminal Possession of a Weapon in the Second Degree, a Class “C” violent felony, and one count of Unlawful Imprisonment in the Second Degree, a Class “A” misdemeanor. The jury rendered their decision yesterday afternoon after 90 minutes of deliberations following a nearly two-week trial.

On October 30, 2018, at approximately 6:00 a.m., the victim was leaving her apartment in the City of Buffalo when she was attacked from behind by the defendant. Martinez, who was known to the victim, repeatedly punched her in the face and head. When the victim fell to the ground, the defendant kicked and stomped her head and torso. Martinez broke the victim’s cell phone and threw it into the grass nearby.

Martinez forced the victim into the trunk of his vehicle. He drove the victim to a location near railroad tracks where he raped her at gunpoint and again forced her into the trunk. The defendant continuously threatened to kill her as he drove around with the victim in his trunk before taking her back to her apartment. The entire incident transpired over several hours.

The victim went to ECMC to be treated for various injuries and the incident was reported to the Buffalo Police Department.

Martinez faces a maximum of 25 years to life in prison when he is sentenced by State Supreme Court Justice Deborah Haendiges on Monday, April 20, 2020 at 9:30 a.m. He remains held without bail.

DA Flynn commends Detective Keith Fitzner of the Buffalo Police Department as well as the Sexual Assault Nurse Examiners at ECMC for their work in the investigation.

The case was prosecuted by Assistant District Attorney Katharine Lavin of the DA’s Special Victims Bureau and Assistant District Attorney Louis Mussari of the DA’s Felony Trials Bureau.