Bond denied in attempted murder case
WOODSTOCK – A bond appeal from Shenandoah County Juvenile and Domestic Relations Court for a local man accused of attempted murder was denied Wednesday in circuit court.
Jose M. Martinez-Rosario, 45, is accused of trying to shoot one of his brothers in the head with a pistol on June 10 at their Woodstock residence, a search warrant in the case states.
Martinez-Rosario allegedly held a pistol to his brother’s head and said, “I am going to kill you,” before pulling the trigger, the search warrant states. The gun malfunctioned and the magazine fell to the floor, so Martinez-Rosario allegedly struck his brother in the head with the pistol while trying to fix the malfunction.
The brother crawled on the floor to escape and, with the help of another brother, was able to get the manager of the Rite Aid on West Reservoir Road to contact the authorities. The victim told police that Martinez-Rosario continued to shout threats at him as they were running from the house, the search warrant alleges.
Both the victim and the brother who helped him escape filed protective orders against Martinez-Rosario, Deputy Commonwealth’s Attorney Louis Campola noted. Court documents state that Martinez-Rosario threatened the brother who helped in the escape with the pistol.
Martinez-Rosario took the stand on Wednesday and said, through a translator, that the victim is fabricating the entire incident. Martinez-Rosario said he does not understand why a judge granted the protective order barring him from the residence. The alleged victim is not on the lease, Martinez-Rosario said. He added that the alleged victim convinced their other brother to lie about what happened.
“What he did was shameful as a brother,” Martinez-Rosario said, according to the translator.
His attorney, Michael Araj, argued that Martinez-Rosario is a U.S. citizen born in Puerto Rico who has never been convicted of a violent crime. Araj added that the prosecution has “credibility issues” because Martinez-Rosario testified that the alleged victim has a drug problem and that their only witness — the other brother who helped the victim escape — is mentally disadvantaged.
Campola argued that Martinez-Rosario is a danger to the community based on the attempted murder charge, and that he has a history of gun charges from New York, as well as a history of petit larceny and disorderly conduct charges from Virginia. Campola added that the mentally disadvangted brother had enough awareness to try and get his brother away from Martinez-Rosario.
“If that clip did not malfunction, we’d be here on a murder charge,” Campola said.
Hupp agreed that the gravity of the charge, the allegation that there was a firearm involved and Facebook photos presented as evidence that depict Martinez-Rosario posing with guns show an “affinity for firearms.”
Hupp denied the bond on those grounds. Martinez-Rosario continues to be held without bond in Rappahannock-Shenandoah-Warren Regional Jail.
A preliminary hearing is scheduled for Sept. 7 in Shenandoah County Juvenile and Domestic Relations Court.