Death of Victoria Martens

On August 24, 2016, the dead body of ten-year-old Victoria Martens was found in an apartment building in Albuquerque, New Mexico. After responding to a 9-1-1 call regarding a domestic dispute, officers discovered Martens' dismembered remains partially wrapped in a burning blanket in her mother's apartment. The victim's mother, 35-year-old Michelle Martens; her boyfriend, 31-year-old Fabian Gonzales; and Gonzales' cousin, 31-year-old Jessica Kelley were arrested at the scene and charged with first-degree murder, child abuse resulting in great bodily harm or death, kidnapping, tampering with evidence, and contributing to the delinquency of a minor. The three suspects have pleaded not guilty in the state's court. Background: Victoria Martens was born on August 23, 2006, in Albuquerque, New Mexico. She was a student at Petroglyph Elementary School in Albuquerque. Her mother, Michelle Martens, did not have a criminal record in New Mexico, but later told investigators she would seek men online to engage in sexual acts with her two children, including Victoria, while she allegedly watched for pleasure. The New Mexico Children, Youth, and Families Department (CYFD), located in the state capital, Santa Fe, had previously received five phone calls regarding the Martens' household, mostly from Michelle Martens herself, beginning in 2015. Michelle Martens allegedly met Fabian Gonzales on an internet dating service, PlentyOfFish, about a month prior to the killing. Jessica Kelley had been released from prison only four days before the murder. Murder: According to investigators, witnesses saw Jessica Kelley carrying Victoria Martens to the apartment at around 10 p.m. MDT on August 23. Later that night, neighbors reported hearing screaming coming from the apartment. Shorty after, at approximately 4:30 a.m. on August 24, Michelle Martens and Fabian Gonzales left the apartment and reported to neighbors that Kelley had attacked them with an iron. After responding to the 9-1-1 call, police entered the second-story apartment building where they saw smoke coming from behind the closed bathroom door. Upon opening the door, the responding officers discovered the dismembered body of Victoria Martens partially wrapped in a burning blanket. She was pronounced dead at the scene. An autopsy revealed she had been sexually assaulted, strangled to death, and then stabbed and dismembered. Her body was then set on fire. Martens had been given alcohol and methamphetamine prior to her death, according to her mother, in order "to calm her down so Fabian Gonzales and Jessica Kelley could have sex with her." Investigation and trials: Michelle Martens, Fabian Gonzales, and Jessica Kelley were arrested and charged with the murder of Victoria Martens. The three suspects were held on a USD$1 million cash-only bond. Martens, Gonzales and Kelley were arraigned on September 16, 2016. Initially co-defendants, prosecutors asked the court to try Martens, Gonzales, and Kelley in separate criminal trials. The motion was granted in June 2017. The suspects have pleaded not guilty. On August 14, 2017 the Judge Charles Brown decided that Michelle Martens would be tried first on July 29, 2018. Gonzales would be second in October 2018 and then Kelley would go on trial in January 2019. Internal investigation of the Albuquerque Police Department: On August 4, 2017, the Albuquerque Journal reported that an investigation by the Civilian Police Oversight Agency (CPOA) found that officers from the Albuquerque Police Department "did lie" to the newspaper about the police department's response to a CYFD referral concerning Victoria Martens prior to her death. In December 2016, a sergeant and a commander of the Crimes Against Children Unit told police command staff, including Chief of Police Gorden Eden and a department spokesman officer, that the Albuquerque Police had received referrals from the CYFD about Martens but did not investigate. In late January 2017, two police spokespersons told the Albuquerque Journal that officers did investigate the referrals and stated that interviews with Victoria Martens and her mother had been conducted; however, this was revealed by the investigation to be false. In July 2017, the CPOA investigation discovered that one of the police spokespersons held correct information about the case but fabricated details in the January statements given to the Albuquerque Journal. Reactions: Chief of Police Gorden Eden of the Albuquerque Police Department described the murder as "the most gruesome act of evil I have ever seen in my career". Governor Susana Martinez (R) called for a federal investigation into Martens' murder. Mayor Richard J. Berry (R) tweeted: "We are heartbroken as we mourn the murder of beautiful 10yr old Victoria Martens. Give your kids an extra hug tonight. #justiceForVictoria" A birthday memorial was held for Victoria Martens on August 29, 2016. Two months later, on October 29, a public funeral was held for Martens. In August 2017, Victoria Martens' maternal grandparents filed a wrongful death lawsuit in the 2nd District Court against the City of Albuquerque and some of its police officers. The lawsuit alleged that their failure to investigate a report that one of Michelle Martens' boyfriends tried to kiss Victoria was negligence that lead to her murder. The lawsuit said the City of Albuquerque "had in effect policies, practices and customs that condoned and fostered the unlawful conduct of the Albuquerque Police Department. Individual Defendants, and were a direct and proximate cause" of Victoria's murder. The lawsuit seeks policy changes and compensation for the Martens family.