The Huntsville Item, Huntsville, TX

Local News

December 2, 2009

Sentencing phase continues in TDCJ murder trial

The sentencing trial of Texas Department of Criminal Justice inmate Jerry Duane Martin continued Wednesday, with defense attorneys beginning their case by bringing six witnesses to the stand.

Martin was found guilty of capital murder earlier this week for his escape from the TDCJ Wynne Unit and Sept. 24, 2007, which lead to the death of TDCJ officer Susan Canfield.

The defense’s witnesses included members of Martin’s family, a TDCJ Captain and several law enforcement officers from Collin County who were on the scene of a 1994 standoff involving Martin.

“We want all of you to know as much as you can about Jerry Martin,” defense attorney William Carter told the jury.

Much of Wednesday’s testimony was focused on Martin’s past — growing up in a broken home, dealing with the unexpected death of an older brother and facing issues with alcohol and drug addiction.

“He was a happy-go-lucky kid before our brother (Joey) died,” Martin’s brother John Martin, testified. “After that I started to become very concerned for him.”

According to family members, and based on documents referenced by the defense, Martin attempted suicide on several occasions — once at his father’s home and on multiple occasions while he was incarcerated.

“He tried to commit suicide after Joey died — he was 11 years old and he had taken some pills,” John Martin said. “He also shot himself at our dad’s house.

“I saw him laying in the driveway and loaded him up and took him to the hospital.”

By the 10th-grade, Jerry Martin had become addicted to drugs and soon after dropped out of high school.

Martin’s father, Joe Martin, reported trying to get his son help, hoping that the hospital his son was taken to for the suicide attempt would provide some help for him.

“I tried talking to him and took him to counselors, but I never got anyone to help him,” Joe Martin said. “I feel bad for not doing more than I did. I should have recognized his symptoms.”

Both John and Joe Martin expressed regret for not doing more to help their family member, knowing that it might have prevented his escape from prison and the resulting death of Canfield.

“I regret not being able to see my son’s problem,” Joe Martin said. “I regret that an officer died. I regret that I didn’t do something. I feel like it was my fault.”

Also during testimony, former Collin County Sheriff’s Deputy R.D. McCommas, current Collin County Sheriff’s Deputy Jimmy Warnell and current Chief Deputy Rick Allen were asked to recount their involvement in a 1994 standoff with Martin.

McCommas was first to respond to the call at the home of Martin’s mother , where family members said the suspect had been threatening suicide, issuing threats toward the family and shooting off a gun.

When McCommas arrived on the scene, Martin gave chase, leading law enforcement along a farm market road before ending in a field of maize in the Prosper community.

“We were there several hours,” McCommas testified. “At a given time, there were around 20 law enforcement officers on the scene.”

McCommas recalled several rounds being shot during the standoff — one round buzzing above the heads of himself and other officers on the scene.

“I did not see him pointing towards any officer, just in the general direction,” he said, adding that he and other officers were not ordered to return fire on Martin.

Warnell, a trained hostage negotiator with the department, also was shot at during his negotiations with Martin, and was ordered to immediately back down.

“A one point he came walking toward me and I kept telling him to drop his weapon,” Warnell said. “It was at that time they took him down and arrested him.”

Carter asked Warnell to offer some testimony as to Martin’s mental status at the time.

“I am not qualified to offer opinions on his mental state,” the officer said. “I noticed that he was having mood swings, and I knew he was upset.

“But it seemed to be more about the fact that his pickup had been shot than anything else.”

Also testifying Wednesday was TDCJ Capt. John Bolton, Martin’s paint squad supervisor while the inmate was incarcerated at TDCJ’s Polunsky Unit.

The third day of the punishment phase continues at 9 a.m. today at the Leon County Courthouse in Centerville, with State District Court Judge Kenneth H. Keeling presiding.

The jury is expected to hear testimony of three more defense witnesses and one rebuttal witness from the State before beginning deliberations regarding Martin’s sentence — considering options including life without parole or the death penalty.

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