MARC KHALILZADEH - 18 yo -(2009) San Antonio TX

A family is asking for help with their search
for their missing son. Sunday was the last time 18-year-old Marc
Khalilzadeh's family heard from him.

"He says 'Dad, I'm going to a party with a friend of mine, and its going to be late. I may not come home.'"

Marc's car was found Monday in an empty lot near the corner of West Avenue and
North Loop Road. The car was unlocked, and the keys were on the floor
of the passenger side. Police searched the area on foot and even
launched a helicopter. It has now been three days, and Marc's family still hasn't heard a word from him.






Marc Khalilzadeh just graduated from McArthur High School and planned
to attend San Antonio College this fall. (Photo from family of Marc
Khalilzadeh)

Marc just graduated from McArthur High School and planned to attend San
Antonio College this fall. His mother and father have been handing out
flyers, hoping someone will come forward with information. Marc's
mother says she knows someone must know something.

"As soon as possible," said Marc's mother Vagi as she cried. "Everybody
knows everybody, found something. Please let me know. Please, please,
please."

If you have any information about Marc Khalilzadeh whereabouts and what happened to
him, please immediately call police at 210-207-7660.

A teen is in police custody, accused of killing his friend.

Police arrested 17-year-old Jose Antonio Martinez and say he confessed to killing 18-year-old Marc Khalilzadeh.

Khalilzadeh
had been missing since Sunday. He had told his dad he was going to a
party with a friend and never came home. His car was found in an empty
lot on the North Side Monday. The doors were unlocked and his keys were
on the floor.

Investigators became suspicious when Martinez
called wanting to know more about his missing friend. Officers brought
him to talk to him about his missing friend and found out he was wanted
on a drug warrant out of Midland. Upon searching him, they found credit
cards that belonged to Khalilzadeh.

Martinez is now charged with capital murder. His bond has been set at $1 million.

Jose Antonio
Martinez tried to go fishing for information with San Antonio police
Wednesday. But when the teen's expedition concluded, he found himself
with little wiggle room. He ended up charged with the capital murder of a missing 18-year-old friend. Police say the 17-year-old called them to inquire about a friend of his
who had been reported missing Monday. Martinez claimed he had
information about the case, police said. In addition, the teen reportedly said he had information about drug trafficking in San Antonio. But investigators said as they probed his statements, several
interesting things surfaced. The most interesting and eye-catching,
police say, were items from their missing persons case found on
Martinez. He was held on an outstanding warrant from
another county, and police asked him more questions about his missing
friend. Meanwhile, San Antonio homicide detectives were
called out to a trail near McAllister Park. A jogger found the body of
a badly decomposed male. Investigators said preliminary
exams show the victim was shot to death. Little else was known about
the decaying corpse until police say Martinez confessed to killing his
friend near the popular San Antonio park. Officers quickly determined their missing person case had turned into a capital murder investigation. Police arrested Martinez for allegedly robbing and killing his friend.
He's being charged with capital murder. Homicide
detectives are waiting for the Bexar County's Medical Examiner's office
to confirm the identity of the victim. Detectives alerted the missing teen's family about the grim news Thursday morning.

A 17-year-old man is suspected of fatally shooting an 18-year-old man at McAllister Park.
Jose Antonio Martinez is set to be booked in Bexar County Jail on
one charge of capital murder in connection with a body found Wednesday
night in the park, according to an arrest warrant affidavit.
Bexar County officials have not confirmed the identiy of the victim.
Investigators suspect it is a teen reported missing in the area on
Monday.
Authorities arrested Martinez around 8 p.m. Wednesday evening on a
state warrant for possession of a controlled substance. Investigators
found that Martinez had several credit cards belonging to Mehrdad
Khalilzadeh's, the missing teen, according to an arrest warrant
affidavit.
While Martinez was in custody early Wednesday night, a jogger at the
park reported seeing a dead body. While the Bexar County medical
examiner's office has not yet identified the body, he was wearing a
MacArthur High School T-shirt. Khalilzadeh graduated from the school
earlier this year. San Antonio police said the person appeared to have
been killed by gunshot wounds to the head and shoulder, and
9-millimeter shell casings were found near the body.
San Antonio police interviewed Martinez and questioned him about the
missing teen. He admitted to stealing Khalilzadeh's wallet and shooting
him twice, and also claims to have used the teen's credit cards at
several different businesses, the affidavit states.
He told police the fatal shooting took place on a bike path at the
park, which is where the body was found, and described what the teen
was wearing, which matched the clothing description of the body found
Wednesday night, authorities said. Authorities did not find a wallet on
the man's body.
The affidavit states that Khalilzadeh's car was found on North Loop
Road, west of McAllister Park, on Monday — the same day Khalilzadeh was
reported missing.

The 17-year-old seemed eager to speak with
detectives about his friend Mehrdad “Marc” Khalilzadeh's disappearance.
So much so, police said, that he set up a meeting with them at the San
Antonio Police Department Wednesday evening.
That meeting quickly turned into a homicide interrogation when word
spread among detectives that a badly decomposed body had been found
near McAllister Park on the city's Northeast Side, said Sgt. Chris
Benavides, a Police Department spokesman.
“It wasn't that he came in and said, ‘Hey, the body is over here,'”
Benavides said. “He happened to be questioned on it at the time they
found the body.”
When pressed, Jose Antonio Martinez confessed to killing 18-year-old
Khalilzadeh, telling detectives he shot the MacArthur High School
graduate twice at the park, Benavides said. Although the police
spokesman wouldn't discuss details of Martinez's confession, Benavides
said the suspect gave enough information to link him to the body. For
example, Benavides said Martinez described the clothing on the body.
Two joggers spotted the badly decomposed body Wednesday night near
one of the park's bike paths, in a dry creek bed near the 13300 block
of Magnolia Brook, according to authorities.
While the Bexar County medical examiner's office has not confirmed
the identity of the body, Martinez has been charged with capital murder
in connection with Khalilzadeh's disappearance. Martinez remained in
the Bexar County Jail on $1 million bond late Thursday.
“You know sometimes the chief says, ‘Hey, we rely on good ol' police
work,' and sometimes you have to rely on some of that luck,” Benavides
said. “This is one of those cases where it all came together at the
right time.”
Elias Carofilis said he was at work Wednesday night when a friend
called him to tell him a body had been found in McAllister Park.
“My heart immediately sank,” said Carofilis, who had been looking
for his best friend since Sunday. “My gut feeling was that there's a
good chance it's him, and I cried a lot on the way there. I put myself
together when I got there, but it's a roller coaster. I keep thinking
back, then breaking down and crying.”
Carofilis said Khalilzadeh had planned to have dinner Sunday with
Martinez and that Carofilis and Khalilzadeh were supposed to meet up
later, but Khalilzadeh called and canceled, saying he was going to meet
a girl.
Employees at a Red Robin restaurant confirmed seeing Khalilzadeh and
Martinez dining together, but exactly what happened after that remains
a mystery.
On Monday, Carofilis called Khalilzadeh's cell phone repeatedly but
the phone was dead, he said. His family, who couldn't be reached for
comment Friday, reported him missing on Monday, the same day they found
his black Ford Fusion near the intersection of North Loop Road and West
Avenue.
Benavides said he didn't know if Martinez gave a reason for
allegedly killing Khalilzadeh, but that Martinez did confess to taking
the victim's credit cards and using them at businesses throughout town.
Police said Martinez had the victim's credit cards when he was
arrested. It wasn't immediately known what Martinez bought or how much
he spent.
Martinez also told detectives where they could find the handgun he
used to kill Khalilzadeh, according to the arrest affidavit. And,
despite rumors that the two teens may have been meeting at the park to
facilitate a drug deal, Benavides said, detectives didn't mention any
drugs in their affidavit to obtain an arrest warrant for Martinez.
Carofilis said he only recently met Martinez, who police said was
wanted in Midland County, where he was allegedly caught with 18.4 grams
of cocaine in July.
Benavides said detectives caught a break when Martinez volunteered
to meet with them Wednesday night. “Who knows how it would have turned
out if the body wasn't found at the time that it was,” Benavides said.

Teen convicted in Laredo faces S.A. murder charge
By Craig Kapitan - Express-News
Web Posted: 10/07/2009 12:00 CDT
A young man convicted in Laredo last week of beating and forcing his 15-year-old runaway girlfriend into prostitution is headed back to San Antonio, where he is charged with capital murder.

It took jurors in Webb County about 20 minutes to find Jose Antonio Martinez, 18, guilty of one count of aggravated assault and three counts of promoting prostitution. He was sentenced Friday to 15 years in prison.

That sentence, however, will have to wait, prosecutors in Bexar County indicated Tuesday. While out on bond and awaiting trial on the Laredo charges, Martinez was arrested in the slaying of 18-year-old Mehrdad “Marc” Khalilzadeh, a former MacArthur High School classmate whose body was found Aug. 19 at McAllister Park.

Jailers in Bexar County allowed Martinez to be transferred to Webb County two weeks ago, but with the agreement that he'd be returned after the trial there, said First Assistant District Attorney Cliff Herberg.

Martinez has not yet been indicted on the capital murder charge, but the district attorney's office continues to investigate the incident and expects to pursue prosecution, Herberg said.

“Sometimes when there are minor crimes that are pending (against someone already sentenced to prison), they might be dismissed so we can get that person on to prison,” Herberg explained. “But certainly not in this case.”

If found guilty of capital murder, Martinez could face either life in prison without parole or the death penalty, authorities said.

During his punishment hearing Friday on the Laredo charges, prosecutors called to the witness stand San Antonio police Detective Timm Angell.

Officers first got suspicious of Martinez after he called the station inquiring about the murder, Angell testified, according to the Webb County district attorney's office.

During a subsequent interview with police, officers asked to see Martinez's ID and spotted two of Khalilzadeh's credit cards in his wallet, authorities said.
http://www.mysanantonio.com/news/Teen_convicted_in_Laredo_faces_local_capital_murder_charge.html

Conviction Affirmed -  Jose Antonio Martinez v. the State of Texas

Texas Fourth District Court of Appeals

February 16, 2011

JOSE ANTONIO MARTINEZ, APPELLANT
v.
THE STATE OF TEXAS, APPELLEE

From the 406th Judicial District Court, Webb County, Texas Trial Court No. 2009-CRP-000693 Honorable Oscar J. Hale, Jr., Judge Presiding

The opinion of the court was delivered by: Phylis J. Speedlin, Justice

MEMORANDUM OPINION

Opinion by: Phylis J. Speedlin, Justice

Sitting: Karen Angelini, Justice Sandee Bryan Marion, Justice Phylis J. Speedlin, Justice

AFFIRMED

Jose Antonio Martinez appeals his convictions for one count of aggravated assault and three counts of compelling prostitution. On appeal, Martinez contends the trial court erred in failing to hold a competency hearing, denying his motion for continuance, and denying his request for an accomplice witness instruction. We affirm the trial court's judgment.

FACTUAL AND PROCEDURAL BACKGROUND

Martinez and "Becky," a fifteen year old female, began a relationship in the summer of 2008. On several occasions, Becky ran away with Martinez from San Antonio to various locations. Martinez began to beat Becky while they were staying in Midland, Texas. The couple returned to San Antonio, and then went to Laredo with the help of Martinez's grandparents who drove them there. Martinez and Becky checked into the Loma Alta motel for a one-month term on March 19, 2009. Martinez's physical abuse of Becky escalated, with him using a belt, boot, and hammer to strike Becky. He told Becky he was hitting her so she could get stronger for the lifestyle they were going to be living. Approximately two weeks into their stay in Laredo, Martinez asked Becky if she wanted to have sex with someone else. Becky stated she was disgusted, but ultimately agreed because they had no money for food and she was hungry. When the time came, Becky told Martinez she had changed her mind, but he told her she had to go through with it because he had already been paid. Martinez escorted her to William Garcia's room where Becky engaged in sexual relations with him. Martinez returned and took Becky back to their room so she could shower while he went to buy food. A couple of days later, Martinez asked Becky if she would have sex with another man, Reynaldo Rodriguez Felix. She initially refused, but eventually agreed because she was afraid of Martinez. A few days later, Martinez told Becky she had to have sex with Felix again, indicating he (Martinez) would beat her if she refused.

The next day, Easter Sunday, Becky left the motel room while Martinez was asleep and called her mother to come pick her up. Her mother drove to Laredo and picked up Becky. On the drive back to San Antonio, Becky told her mother about the physical abuse and the sexual acts. The next morning, Becky's mother took her to the hospital for an examination; Becky was interviewed by San Antonio police officers who advised her mother to contact the Laredo police since the incidents happened there. Detective David Buenrostro from the Laredo Police Department investigated the offenses, and determined the identities of the two men with whom Becky had sexual relations. Becky identified Garcia and Felix from a photo line-up.

Martinez was indicted for two counts of Aggravated Assault and three counts of Compelling Prostitution; one of the assault counts was later dropped. Garcia was indicted for one count of Sexual Assault of a Minor and one count of Prostitution, and Felix was indicted for six counts of Sexual Assault of a Minor and two counts of Prostitution. After a jury trial, during which Becky testified about the incidents and Garcia and Felix testified that Martinez offered her to them as a prostitute, Martinez was convicted on all counts. Martinez now appeals.

ANALYSIS

Competency Hearing

In his first issue, Martinez asserts the trial court abused its discretion in failing to conduct a hearing on his competency to stand trial. See Moore v. State, 999 S.W.2d 385, 393 (Tex. Crim. App. 1999) (abuse of discretion standard is applied to court's decision whether to empanel jury for competency hearing). A person is presumed competent to stand trial, and must be found competent unless he is proven incompetent by a preponderance of the evidence. TEX. CODE CRIM. PROC. ANN. art. 46B.003(b) (West 2006). A person is incompetent to stand trial if he lacks: (1) a sufficient present ability to consult with his lawyer with a reasonable degree of rational understanding; or (2) a rational as well as a factual understanding of the proceedings against him. Id. art. 46B.003(a) (West 2006). Either party may suggest by motion, or the court may suggest on its own motion, that the defendant may be incompetent to stand trial. Id. art. 46B.004(a) (West 2006). If evidence suggesting the defendant may be incompetent comes to the trial court's attention, the court shall suggest the defendant may be incompetent and must conduct an informal inquiry to determine whether there is some evidence from any source to support a finding of incompetence. Id. art. 46B.004(b),(c) (West 2006); Luna v. State, 268 S.W.3d 594, 598-99 (Tex. Crim. App. 2008). An informal competency inquiry is required only if the evidence brought to the court's attention is sufficient to create a "bona fide doubt" in the judge's mind about the defendant's competency. McDaniel v. State, 98 S.W.3d 704, 710 (Tex. Crim. App. 2003) (noting that evidence of "recent severe mental illness, at least moderate retardation, or truly bizarre acts by the defendant" is usually sufficient to create a bona fide doubt about competence). The next step, a competency hearing before a jury under Subchapter C of Chapter 46B, is required only if the court finds during its informal inquiry that "some evidence" exists to support a finding of the defendant's incompetency. Id.; TEX. CODE CRIM. PROC. ANN. art. 46B.005(a), (b) (West 2006). Each step's requirements must be fulfilled before moving to the next step in the competency determination. McDaniel, 98 S.W.3d at 711.

Here, the record shows the trial court did conduct an informal inquiry into Martinez's competency, but did not find that "some evidence" existed to support a finding of incompetency; therefore, the court was not required to proceed to the next step, a formal competency hearing. Approximately one week before trial, defense counsel filed a motion requesting appointment of a psychiatrist to evaluate whether Martinez was competent to stand trial because counsel was having difficulty communicating with his client. The motion states that Martinez told counsel he "hears voices in his head which affect his ability to think, rationalize and recall events." The court granted the motion, and appointed Dr. Rolando Rodriguez to evaluate Martinez. Dr. Rodriguez examined Martinez and prepared a report in which he found Martinez competent to stand trial. Specifically, the report states that, although Martinez is "mentally ill," he is able to consult with defense counsel with a reasonable degree of rational understanding, and is able to understand the proceedings against him and to understand right from wrong. The report concluded that Martinez would benefit from psychiatric treatment, but he does not represent a danger to himself or others and does not require treatment at a psychiatric facility. Thereafter, during pretrial proceedings, the court itself questioned Martinez about whether he understood the pending charges against him in this case and the need to consult with his attorney in preparing his defense; Martinez affirmatively acknowledged that he understood. The trial court ruled that, based on the psychiatrist's report, Martinez was legally competent to stand trial. The court was not required to go any further absent some evidence in the record to support a finding of incompetency. McDaniel, 98 S.W.3d at 710. Based on the record, we conclude the trial court did not abuse its discretion in failing to conduct a further inquiry into Martinez's competency. Accordingly, Martinez's first issue is overruled.

Denial of Continuance

In his second issue, Martinez contends the trial court abused its discretion in denying defense counsel's motion for a continuance based on lack of preparation. The record shows the court granted a one-day continuance of jury selection, scheduled for Thursday, September 24, 2009, requested by defense counsel based on a conflicting federal court setting. The next day, Friday, September 25, 2009, counsel for Martinez filed another motion for continuance requesting a 45-day delay based on lack of preparation because he had been unable to sufficiently consult with Martinez on his defense. At a hearing on the motion, counsel stated Martinez had been incarcerated out of town on another case, and counsel had been unable to consult with Martinez on the identities of defense witnesses and the development of a defense strategy; counsel also stated that Martinez was mixing up the facts of the other case with the instant case. The court confirmed that Martinez's counsel had made his first appearance on the case in July 2009, and that more than ten days had passed since counsel had reviewed the State's file. The trial court denied the motion for continuance and proceeded with jury selection because the jury panel was waiting for the second time that week; however, the court delayed the start of trial until Wednesday, September 30, 2009, to give defense counsel additional time to consult with Martinez about his defense. Martinez has not shown that denial of his request for a longer continuance resulted in any specific actual prejudice to his defense. Accordingly, we conclude the court did not abuse its discretion in denying Martinez's motion for a longer continuance. See Janecka v. State, 937 S.W.2d 456, 468 (Tex Crim. App. 1996).

Accomplice Witness Instruction

Finally, Martinez argues the court committed reversible error by denying his request for an accomplice witness instruction because Garcia and Felix were accomplices as a matter of law. See TEX. CODE CRIM. PROC. ANN. art. 38.14 (West 2005) (providing a conviction cannot be based on accomplice witness testimony unless it is corroborated by other evidence tending to connect the defendant with the commission of the offense). Specifically, Martinez contends that Garcia and Felix were accomplices as a matter of law because the offense with which they were charged, engaging in prostitution, is a lesser-included offense of the greater offense with which Martinez was charged, compelling prostitution, and arose out of the same criminal transaction; therefore, Martinez asserts the court had a duty to give the accomplice witness instruction to the jury. See Blake v. State, 971 S.W.2d 451, 455 (Tex. Crim. App. 1998); Ex parte Zepeda, 819 S.W.2d 874, 876 (Tex. Crim. App. 1991); see also Raven v. State, 533 S.W.2d 773, 775 (Tex. Crim. App. 1976) (offense of engaging in prostitution can be a lesser-included offense of compelling prostitution).

As noted, both Garcia and Felix were indicted for engaging in prostitution arising out of the same factual incidents giving rise to Martinez's indictment for compelling prostitution. At trial, Garcia and Felix testified about Martinez's actions in selling Becky's "services" to them, and their participation in sexual relations with Becky after paying Martinez. At the conclusion of the evidence, Martinez made both an oral and written request for an accomplice witness instruction under article 38.14, which was denied. In denying the instruction, the court explained, "I think the accomplice witness instruction applies to the charges pending before the Court at the present time; in other words, the fact that your client could also be charged for what those defendants are charged with could make him an accomplice in their case, but it doesn't necessarily make them an accomplice to the charges pending against your client in this case."

An accomplice is a person who participates with the defendant before, during or after the commission of the offense, and acts with the requisite culpable mental state. Paredes v. State, 129 S.W.3d 530, 536 (Tex. Crim. App. 2004). "Participation requires an affirmative act that promotes the commission of the offense with which the defendant is charged." Cocke v. State, 201 S.W.3d 744, 748 (Tex. Crim. App. 2006). For purposes of an article 38.14 instruction, a prosecution witness may be an accomplice either as a matter of law or as a matter of fact. Id. at 747-48 (Tex. Crim. App. 2006) (if evidence clearly shows witness has been, or could have been, indicted for same offense as defendant, then witness is an accomplice as a matter of law; if evidence is conflicting or unclear as to whether witness is an accomplice, then the question is submitted to the jury with an instruction defining the term "accomplice"). A prosecution witness who is charged with a lesser-included offense based on his alleged participation in commission of the greater offense with which the defendant is charged is considered an accomplice as a matter of law. Herron v. State, 86 S.W.3d 621, 631 (Tex. Crim. App. 2002) (citing Zepeda, 819 S.W.2d at 876). The trial court must submit an accomplice witness instruction under article 38.14 to the jury if a witness is an accomplice as a matter of law, and failure to do so is error. Herron, 86 S.W.3d at 631; Blake, 971 S.W.2d at 455. The trial court is not required to submit an accomplice witness instruction when the evidence is clear that the particular witness is not an accomplice either as a matter of law or fact. Cocke, 201 S.W.3d at 748.

The State argues on appeal that Garcia and Felix were not accomplices as a matter of law*fn1 in Martinez's case because they could not have been charged with the same offense as Martinez, i.e., compelling prostitution. We agree. The relevant inquiry is whether the purported accomplice, even though charged with a lesser offense, participated with the defendant in committing the greater offense for which the defendant is on trial, and thus could have been charged with the greater offense. Herron, 86 S.W.3d at 631; Cocke, 201 S.W.3d at 748 (to be an accomplice, witness must have committed an affirmative act promoting commission of the offense with which defendant is charged). A person commits the second degree felony offense of compelling prostitution if he "knowingly: (2) causes by any means a child younger than 18 years to commit prostitution . . . ." TEX. PENAL CODE ANN. § 43.05(a)(2) (West Supp. 2010).*fn2 Here, the facts of the case do not support a charge of compelling prostitution against Garcia or Felix, either as principle actors or under the law of parties. See TEX. PENAL CODE ANN. §§ 7.01(a), 7.02(a) (West 2003) (defining a "party" as a person criminally responsible for an offense committed by another). Both Garcia and Felix engaged in sexual conduct with Becky for a fee, but neither man "caused" Becky to commit prostitution as Martinez did, and neither is criminally responsible for Martinez's conduct. See TEX. PENAL CODE ANN. § 43.02(a)(1) (West Supp. 2010) (offense of engaging in prostitution).

Moreover, the effect of the accomplice witness instruction to which Martinez claims he was entitled is simply to instruct the jury that it may not convict the defendant on the accomplices' testimony unless it is corroborated by other evidence tending to connect the defendant to commission of the offense. Herron, 86 S.W.3d at 631-32. Here, Becky's testimony provided independent corroboration of all the elements of the offense of compelling prostitution; therefore, even if error, omission of the accomplice witness instruction was harmless. See id. at 632-33. Accordingly, we overrule Martinez's third issue.

Conclusion

Based on the foregoing reasons, we overrule Martinez's issues on appeal and affirm the trial court's judgment.

http://tx.findacase.com/research/wfrmDocViewer.aspx/xq/fac.20110216_0001194.TX.htm/qx

ID Number: 08366971 TDCJ Number: 01626248 Name: MARTINEZ,JOSE ANTONIO Race: H Gender: M DOB: 1991-09-11 Maximum Sentence Date: LIFE SENTENCE Current Facility: ROBe: 2039-09-09 Offender Visitation Eligible: YES

Offense Date Offense Sentence Date County Case No. Sentence (YY-MM-DD)
2009-03-22 AGG ASLT 2009-10-02 WEBB 2009CRP000693-D4 15-00-00
2009-03-22 COMPELLING PROSTITUTION 2009-10-02 WEBB 2009CRP000693-D4 15-00-00
2009-03-22 COMPELLING PROSTITUTION 2009-10-02 WEBB 2009CRP000639-DU 15-00-00
2009-03-22 COMPELLING PROSTITUTION 2009-10-02 WEBB 2009CRP000693-DU 15-00-00
2009-08-16 MURDER 2010-02-18 BEXAR 2009CR11522 9999-99-99

http://offender.tdcj.state.tx.us/OffenderSearch/offenderDetail.action?sid=08366971