Two Witnesses Testify in Sexual Battery Case

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By Grace Jung

Ivan Vivar Martinez, also known by the alleged victim as Angel Martinez, is charged with three counts: arranging to meet with a minor, sexual battery, and false imprisonment with violence.

The prosecution in the preliminary hearing called their first witness, Sheriff’s Deputy Jose Vera, to the stand to testify why he was called out on August 8, 2018, to the residence of the alleged victim’s grandfather in Dunnigan, in rural Yolo County. Although the prosecution referred to the victim’s guardian as her grandfather, the defense did mention him once as her father. However, for most of the preliminary hearing, he was introduced as the girl’s grandfather.

Deputy Vera testified that he met the defendant in December of 2017 at Velocity Island, a water park at the north end of Woodland. He also stated the alleged victim had indicated to him that she was there for the day and “Angel” approached her near the trampoline area. She recalled that she helped him get up because he slipped, but, in turn, she slipped and he kicked her in the groin area. Vera further testified that the girl was 16 years old at the time and the defendant had put his hand near her inner thigh. She walked away after this contact, but Martinez re-approached her a couple hours later.

In addition, Deputy Vera mentioned that after the alleged victim and Mr. Martinez had taken a photograph together, the defendant reached out to her on social media, which initiated their online correspondence. Deputy Vera testified that their exchange consisted of Mr. Martinez sending her pictures of his private parts and a video of him masturbating. This prompted the victim to block him on Instagram immediately.

Deputy Vera testified that Mr. Martinez called the victim’s house phone and asked why she had deleted him on social media. Later that night, he pulled up to the alley on the east side of the victim’s residence, pulled her to him and hugged her while she attempted to tell him their interaction was illegal.

Furthermore, Deputy Vera testified that Mr. Martinez tried to calm the victim down by saying they will never get caught. The defendant’s hand made contact with her breast, sucked her nipple, and tried to put his hand down her pants but he only managed to reach her waist. Deputy Vera conveyed that he then “massaged” her vaginal area over her pants for a couple of minutes.

Deputy Vera testified that, after this encounter, the defendant and the girl moved inside the vehicle where the defendant pulled out his phallus and pulled her toward him, accidentally causing her to touch it. Deputy Vera stated that, after that, the victim saw a light outside and ran away in fear that it was her grandfather.

In the cross-examination by the defense, Deputy Vera affirmed that he was contacted by the victim’s grandfather on Aug. 8, 2018, at roughly 4:42 p.m., who indicated on the phone that he had a 16-year-old granddaughter and was worried about a man in his 20s.

Deputy Vera testified that the victim stated the man she knew as Angel Martinez asked for her telephone number in 2017 but she did not give it to him. She also indicated to the deputy that he wanted her social media information, but she had refused.

Although Deputy Vera mentioned that he did not find any of the sexual content and vulgar videos on her social media account, which she had given him access to, he stated that the victim communicated to him that Mr. Martinez licked her nipples and rubbed her crotch on Aug. 4, 2018.

Deputy Vera disclosed that he spoke with both the victim and her grandfather but did not request any form of identification from them. He mentioned that he found out that the victim was homeschooled, and she had snuck out of her house to meet Mr. Martinez. Furthermore, the victim indicated to him that, although the incident occurred on the 4th of August around 11 p.m., she reported it on the 8th of August.

The second witness, Sergeant Juan Ceja, also with the Yolo County Sheriff’s Office, testified that the victim had received approximately five pictures of the defendant’s phallus as well as a video of him masturbating.

He testified that on the night of the incident, the victim was wearing stretchy pants and a sweater. She also grabbed a small kitchen knife and secured it on her waistband before going out to meet Angel Martinez at the alley adjacent to her residence.

The victim told Sergeant Ceja that she and the defendant spoke about their age difference and she wanted his inappropriate action to stop.

During the victim and defendant’s interaction in the vehicle, Sergeant Ceja testified that Mr. Martinez grabbed her hair, kissed her, and pinned her hands up to the seat while she attempted to stop him by hitting him and escaping the vehicle.

Sergeant Ceja further testified that Mr. Martinez tried to place his hands in her pants while the victim’s body was on the seat with her legs toward the dashboard. He stated that she said Martinez was causing pain in her genital area.

In the cross-examination by the defense, Sergeant Ceja confessed that although the victim had mentioned explicit pictures of the defendant’s private parts and an offensive video that had been sent to her, the victim did not provide these to the sergeant. However, Sgt. Ceja testified that the victim gave him access to her Instagram account, where he was able to locate a blocked user.

The defendant is being held to answer for all three counts. The court will reconvene on June 12, 2019 at 9 a.m. in Department 11.


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About The Author

The Vanguard Court Watch puts 8 to 12 interns into the Yolo County House to monitor and report on what happens. Anyone interested in interning at the Courthouse or volunteering to monitor cases should contact the Vanguard at info(at)davisvanguard(dot)org

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