Andrez Martina found guilty in grandson's brutal death

MILWAUKEE (CBS 58) -- Andrez Martina, a Milwaukee man accused of beating and killing his 12-year-old grandson and injuring his 8-year-old grandson, was found guilty on Thursday, May 5. 

Martina was found guilty on all five counts he was facing:

  • First degree intentional homicide
  • Physical abuse of a child, repeated acts causing death
  • Neglecting a child, consequence is death
  • Physical abuse of a child, intentionally cause harm
  • Charged as a felon in possession of a firearm

The incident happened on Aug. 29, near 46th and Hampton. 

Martina had accused the victim, 12-year-old Andre Smith, of stealing money. He claimed that Smith had pointed a gun at him and after Martina pulled the gun away from the child, he lost control. 

"When I grabbed the gun from him and he swung into the wall, hit his head on the wall, and that's the only thing I remember," Martina testified.

The defense tried to have the first degree intentional homicide charge lessened to second degree intentional homicide, arguing that Martina acted in self-defense. The defense also claimed that Martina was not in the right state of mind to have intentionally killed his grandson due to alcohol and drug use. 

The judge in the case, Judge Stephanie Rothstein, ruled that Martina's testimony was not credible.

"The child became, as it appears, the outlet for a lot of rage," Judge Rothstein said during her ruling. "All of that indicates to the court inescapably that this was an intentional act. 

Martina will be sentenced June 6. 

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