Latest Legal News from the Federal Criminal Courts in the United States

April 12, 2007

DALLAS AREA MAN CHARGED FEDERALLY IN HOUSTON FOR ATTEMPTING TO ENTICE A CHILD

(HOUSTON) A 37 year old Garland, TX man, charged with attempted enticement of a minor via the internet, has been ordered held in federal custody without bond pending further criminal proceedings, United States Attorney Don DeGabrielle announced today.

Following a hearing on Monday, April 9, 2007, David Martinez, 37, of Garland, TX, near Dallas, was ordered detained without bond by United States District Court Magistrate Judge Stephen W. Smith. Martinez was arrested on March 28, 2007, after arriving at a Houston area apartment complex allegedly for the purpose of meeting and having sex with a 14 year old girl with whom he had been chatting on line.

According to the allegation in the criminal complaint filed following his arrest and testimony given in open court yesterday, between March 12, 2007 and March 28, 2007, Martinez allegedly engaged in a series of online chats over the internet with an undercover officer posing as a 14 year old Houston area girl. During sexually explicit chats, the undercover officer specifically identified himself as a 14 year old girl, and Martinez identified himself as a 28-year-old-male, according to the criminal complaint. The internet conversations culminated with a planned meeting between Martinez and the minor on March 28, 2007 at the Houston area apartment complex where minor lived for the purpose of engaging in sex. Martinez allegedly told the minor he would bring a “morning after pill” to avoid pregnancy.

On March 28, 2007, at approximately 1:40 p.m., agents conducting surveillance at the complex, observed a man, later identified as David Martinez, driving a blue Volkswagen Jetta into the complex’ parking lot. According to the complaint, the vehicle was seen driving to and stopping at Building 9 of the complex as had been planned. When uniformed agents and officers approached the vehicle, Martinez attempted to flee. He stopped at an apartment gate that would not open and arrested. A search of the Jetta resulted in the recovery of a package found to contained a pill marked “Plan B” (morning after pill), and a black bag containing adult pornographic DVD’s, a printout from mapquest of and to the complex and a piece of paper containing the apartment complex gate code.

The court found there was probable cause to believe that Martinez had attempted to entice a child via the internet and has bound the case over to a grand jury for further action. Meanwhile, Martinez will remain in federal custody without bond. The charge of attempted enticement of a minor, carries a statutory minimum sentence of ten (10) years and a maximum of life imprisonment upon conviction, and a life term of supervised release.
The investigation leading to the criminal charges against Martinez was conducted by the Kemah Police Department, Immigration and Customs Enforcement, and the Harris County Constable’s Office Precinct 4.