On Oct. 16, a Los Angeles Superior Court jury convicted Daniel Martinez of one count of first-degree burglary with a person present, but acquitted him of a kidnapping charge.
Judge George G. Lomeli ordered Martinez to serve the maximum term behind bars — six years — despite a plea for leniency from the 31-year-old defendant’s maternal grandmother, who called him a “very gentle, loving soul.”
The judge noted that Martinez had failed to call authorities to report what had happened, even after he saw a TV news report about the girl’s March 27, 2013, disappearance.
“Your actions or actually your inactions were egregious,” the judge told Martinez.
The girl’s father said it was “appalling” that Martinez did not notify authorities after seeing the news report about her being missing after leaving his alleged accomplice with the girl after the break-in. His daughter was “kidnapped and brutally raped,” and a phone call to authorities may have shortened her ordeal, he said.
Tobias Dustin Summers, 33, is charged with kidnapping and burglary, along with numerous sexual assault counts. He will be tried separately and remains jailed in lieu of $19 million bail while awaiting a Dec. 16 pretrial hearing.
Deputy District Attorney Laura Knight Jackson told jurors that Martinez drove away from the scene before leaving Summers with the girl. Summers took the girl from her bedroom and to a car in an alley where Martinez was waiting, according to the prosecutor.
She said Martinez asked Summers, “What’s up with the little girl?” and that Summers replied, “It got weird. I had to take her.”
Defense attorney Anthony W. Rayburn countered that Summers set out on his own to commit a burglary over Martinez’s objection.
Martinez’s attorney said his client told Summers he had to take the girl somewhere safe after Summers returned to the car with her.
The girl was taken from her bedroom at knifepoint, taken to various locations and sexually assaulted before being dropped off near a Woodland Hills- area hospital, according to authorities.
Summers was arrested in April 2013 at a drug and alcohol rehabilitation center south of Tijuana, Mexico.
Los Angeles police Chief Charlie Beck said a $25,000 reward that was “highly publicized south of the border” led to a telephone tip about Summers’ whereabouts. Martinez had been arrested about a month before by Los Angeles police.
—City News Service
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