A teen got 45 years in prison Thursday for a murder during a gun sale outside the victim’s Merrillville house.
Elijah Davis, now 19, was convicted on March 14 in the Aug. 24, 2022, murder of Marcos A. Martinez, then 19, of Merrillville. He was 17 at the time. He faced 45-65 years.
Court records indicate a friend set up the sale between Martinez and Davis. The friend saw that Martinez was armed and thought he might steal the gun Davis was selling, filings show.
Defense lawyer Michael Woods said Davis would appeal.
Filings show Woods is Davis’ third attorney since his conviction. During Thursday’s hearing, Woods told Judge Natalie Bokota that he was so new to the case, he only had about 24-48 hours to examine trial transcripts and evidence exhibits.
The lawyer said his firm turned up new evidence, including a recording, that suggested a juror knew the go-between who set up the gun deal. At trial, both the witness and juror were questioned.
Now, Woods said he felt both “lied under oath.”
He wanted more time to investigate and noted it could be cause for a new trial. Bokota denied the request, saying it was something to take up on appeal.
During the hearing, Martinez’s family flashed their anger and grief.
Authorities allege Davis shot Martinez in a car, then dragged his body out and left it across the street where Martinez’s family found him.
“You took my son from me,” his mother Rosamaria Yanez said. “I want your family to feel what I’ve felt for two years.”
He was killed over a “simple little matter,” brother David Cepeda said. Davis could have left and did the right thing.
Davis’ mother later said in court that he had “so much remorse.”
“I was angry at all of the boys involved,” she said. Their lives are “ruined.”
Growing up, he wanted to be a soldier and knew gun safety protocols.
Her son “never had a speeding ticket,” she said. He was “not my problem child.”
Deputy Prosecutor Lindsey Lanham asked for 57 years. She argued various factors — such as selling “guns” — called for a harsher sentence. Davis had a supportive family and should have never landed in court, she said.
Woods countered Davis admitted selling one gun previously. He did it to make money for school, something that was tragically “irresponsible.” He noted Davis would be about 50 when he got out, essentially spending the bulk of his life in prison.
Martinez’s behavior that day was “odd,” the lawyer said, implying it was due to substance abuse. Davis was under “strong provocation.”
When it looked like Martinez was possibly getting something out of his pocket, Davis shot him a second time, the lawyer said.
He asked for 45 years.
Davis apologized to Martinez’s family.
“I can’t change the past,” he said. He only could “go forward.”
After sentencing, Bokota told Davis that prison was an “opportunity” to prove the good things that people “say about you are true.”
Merrillville Police responded to the 5600 block of Pennsylvania Street for a reported shooting.
Martinez was found shot lying on the ground. He was taken to Methodist Hospitals Southlake where he was pronounced dead, according to court records.
The friend initially lied to police, before admitting Martinez repeatedly messaged him if he knew someone selling a gun. He and Davis met up with Martinez.
Martinez jumped in Davis’ white Pontiac. Martinez had a handgun in his hoodie pocket, according to court documents.
Martinez looked at the gun for sale, before leaving, saying he needed to get money. He returned, holding and looking at both guns.
“Imma need this,” Martinez said.
“Whatchu mean, you got the money,” Davis replied.
The witness thought Martinez would steal the gun. Just as the witness opened the car door to get out, he heard gunshots. The witness saw Davis fire the “first shot,” according to documents.
The Pontiac took off, other witnesses said.
Martinez was shot “two to three times,” wounded in the chest, bicep and side, according to court records.
mcolias@post-trib.com
