On-duty Sex charges with a minor against cop reduced from 3 felonies to Community Service
Porcus Ubiquitous
Woodlake police chief unhappy with decision
By Heidi Rowley
Staff writer
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Law-enforcement officials were shocked by the sentence handed down to
a former Woodlake police officer originally charged with three counts
of felony sex with a minor.
Eric Martinez, 26, was sentenced Tuesday to 100 hours of community
service by Judge Ronn Couillard, who reduced the three felony charges
to misdemeanor sexual conduct.
"I was dumbfounded at the judge's decision to reduce it to a
misdemeanor," said Deputy Attorney General Brian Alvarez, who
prosecuted the case. "I don't agree with his decision."
Alvarez said he also was surprised that Couillard said at "another
time and another place it would not have been a crime, and it would
not have been prosecuted."
Martinez had agreed to plead to one count of sex with a minor for
three years of felony probation. He was originally charged in November
2002 with three counts of having consensual sex with a 17-year-old
Explorer Scout between June and September 2002.
Woodlake Police Chief John Zapalac said he was also disappointed in
the judge's decision. He said if the offender had been a common
citizen, he would understand the decision.
"But here you have an officer who was on duty," he said.
The Woodlake Police Department initially investigated the incident, at
which time Martinez resigned. His case was handed over to the state
Attorney General's Office in Fresno because of a conflict of interest
with the Tulare County District Attorney's Office. Martinez's father,
Herman Martinez, is an investigator with the Tulare County District
Attorney's office.
Martinez will have to serve 100 hours of community service, three
years of misdemeanor probation and pay various fines.
Originally published Thursday, March 6, 2003