SAN ANTONIO — It was a SWAT standoff that upended an entire neighborhood for three days.
Some of the neighbors shot at during a prolonged ordeal in Southcross Ranch in 2022 have been waiting for justice all this time. Now they say they're disgusted with how the case turned out.
"I am really beyond words at this point for the failure of our justice system," said Donna Hicks, whose dog was shot during the attack and whose home is still riddled with bullet holes. "This is beyond failure. This is complete and total embarrassment for the entire community."
Hicks said she is dumbfounded that her neighbor, Baldemar Martinez, who was charged in connected with two separate SWAT standoffs, accepted pleas to charges in both.
In a May 2020 incident, court records indicate, Martinez entered a guilty plea for an aggravated assault with a deadly weapon charge. In that Sunday-afternoon incident, an area several blocks in size was cordoned off by police as negotiators tried to talk Martinez into surrendering after they say he shot a neighbor.
In September 2022, there was another SWAT incident that ended when officers left the area and waited for Martinez to emerge from his home after a lengthy and unsuccessful attempt to get him to surrender.
Hicks, who works in the counseling field, said Bexar County has a number of specialty courts that offer treatment to people like Martinez, who court documents say has a long history of mental health challenges.
"Actually fix it! Don't sit here and put a Band-Aid over a bullet hole. This is not going to work!" Hicks said.
Online records indicate Martinez was given credit for time already served in the Bexar County Jail while he was awaiting trial and his two sentences will be served concurrently. Hicks said she believes the eight-year term he was handed will be about three years of real time.
"I don't understand why they think sending him to prison for maybe three years out of the eight he got is going to do anything for him," Hicks said.
Hicks says the continuing violence could have been prevented if Martinez had received help a long time ago.
"They are talking about his mental health being the reason that they have been so lenient. Well then, get him mental health help. We have specialty courts for that. They just refused and I don't know why," Hicks said. "What they've done is they've put this man in a situation that he is going to get worse and he is not going to get the help he needs and the rest of us are going to pay for it."
In frustration, Hicks shared an email she received from a detective on the case. The investigator's advice: "Buy a bigger gun than his."
That, Hicks said, won't work.
Speaking for all her neighbors who fear the man will eventually return, Hicks said, "Nobody had to suffer like this and he doesn't have to suffer like this. We have the resources. Use them!"
Bexar County District Attorney Joe Gonzales declined a request by KENS 5 for an interview on the topic, but his office did provide the following:
"Our office values the well-being of crime victims and is committed to protecting the Bexar County community. We guide crime victims through the intricacies of a somewhat challenging criminal justice process.
Deadly conduct with a firearm is a third-degree felony. It carries a potential minimum punishment of a two-year sentence to a maximum of ten-year sentence, all of which can be probated at the discretion of the court.
The prosecutor in this case secured an eight-year prison term (out of a maximum of ten) on the deadly conduct of a firearm charge. Specific restrictions also protect the victim and community. A no-contact order prohibits defendant Martinez from direct contact with the victim and establishes a half-mile exclusionary zone from both the location of the victim and the underlying incident. The order prohibits Martinez from residing within a half-mile of the incident (thus protecting the safety of the community) and from going within half-mile of the victim or the victim's residence (which is critical should the victim's residence change). In addition, defendant Martinez's community supervision for a previous charge was revoked.
Previously, Martinez had no felony convictions (meaning that additional penalty enhancements were unavailable to the prosecutor) nor was Martinez prohibited from owning a firearm. Martinez now has two convictions and can be charged as a repeat offender if he commits another offense. Further, he may no longer possess a firearm. These convictions further protect our community by making possession of firearms a third degree or greater felony for Mr. Martinez. They also dramatically increase the potential ranges of punishment should he re-offend.
The judge considered Martinez's criminal history and other factors when evaluating punishment. We respect the court's sentencing decisions. While we understand the victim's frustration at being unable to be present for the defendant's actual sentencing, the ramifications of these rulings were discussed with the victim in detail.
Lastly, with respect to treatment for mental health in criminal cases in general, there is a significant and well-documented shortage of mental health treatment available. Bexar County, under the leadership of the Bexar County Commissioners' Court, is working diligently to address the issue."