Pueblo sex offender out on bond for attempted murder now faces federal drug-related charges
PUEBLO, Colo. (KRDO) -- A known sex offender out of Pueblo was arrested by the Federal Bureau of Investigation (FBI) for drug-related charges. 13 Investigates learned that while out on bond for attempted 1st-degree murder out of Otero County, 46-year-old Timothy Martinez was reportedly found with hundreds of grams of illicit drugs.
Martinez was arrested on July 7 at a Loaf & Jug gas station off Highway 50 in Pueblo. When Pueblo Police detectives searched his vehicle, they found various illegal drugs including 290 grams of amphetamines, 21.3 grams of heroin, 71.3 grams of cocaine, and 86 grams of fentanyl.
He was indicted on Wednesday in federal court for "knowingly and intentionally possessing with intent to distribute 50 grams and more of methamphetamine," federal court documents say.
In addition to the drugs, federal court documents state Martinez had a black Glock 30S handgun near the driver's seat of his BMW.
The FBI agent outlines in court documents that "drug dealers often carry a firearm to protect themselves, their drug supply, and the proceeds from drug distribution. Many drug dealers believe the open display of a firearm will prevent or deter those who would otherwise seek to rob them."
In addition to his prior felony convictions, Martinez was awaiting trial after being charged with attempted murder in Otero County in July 2021. According to court documents, Martinez allegedly forced a woman off a highway while traveling more than 100 MPH in a stolen car. According to the 16th Judicial District Attorney's office, Martinez was released on bond several times throughout his case.
Martinez was able to post $10,000 and $20,000 cash bonds offered by Otero County Chief Judge Mark Macdonnell. Those bond amounts are well below what the "bond schedule" recommends for a class-2 felony, which recommends at least a $50,000 bond.
Colorado Springs attorney Jeremy Loew said the U.S. Attorney for the District of Colorado often lodges federal charges on people who are already being prosecuted for crimes at the state level.
"If somebody is transporting drugs across state lines, it's affecting a number of people. There's guns involved. There's drugs involved. As part of the state policy, this individual has a very light sentence. The federal government may very well say, we don't believe that this punishment is severe enough," Loew said.
If that is the case, time served in federal prison is proven to be far more lengthy than in the state of Colorado. There is no parole in the federal system, while in Colorado inmates are often parole eligible at less than 50% of their time served.
"If you are convicted of a federal crime, your sentence not only may be more severe, but the time that you serve at a federal prison is far more significant," Loew said. "The federal government, which often sentences people and they serve 90% of their sentence, they want to make sure that if somebody is dealing drugs with guns, they are receiving a sentence that puts them in prison for a very significant period of time."
Martinez has not been granted release from federal custody. During a detention hearing a week after his arrest, a federal judge said "I conclude by clear and convincing evidence that no condition or combination of conditions of release will reasonably assure the safety of the community" of Martinez.
