Violent Felon Receives the Maximum Sentence for Raping Victim at Gunpoint

Modified: March 23, 2021 9:15am

3/23/2021

Erie County District Attorney John J. Flynn announces that 38-year-old Ismael Martinez of Buffalo was sentenced this afternoon by State Supreme Court Justice Deborah A. Haendiges to 25 years to life in prison. The defendant was sentenced as a persistent violent felony offender.

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.

A jury found Martinez, 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 after 90 minutes of deliberations following a nearly two-week trial in March 2020.

Judge Haendiges issued an order of protection on behalf of the victim, which remains in effect until March 2091.

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 Louis Mussari of the DA’s Felony Trials Bureau.