A key prosecution witness in the murder trial of 35-year-old Richard Lawrence Martinez said Tuesday he was high and terrified immediately after the fatal shooting that led to the arrest of Martinez.
Seth Eberly, in sometimes combative testimony, said he drove past Longmont United Hospital without stopping for help, even though a gravely wounded Mathew Bond was a passenger in the vehicle. Elberly also admitted under cross-examination that he also did not go to the police and feared he would be implicated in Bond’s death.
“I freaked out at that moment,” Eberly told a lawyer representing Martinez. “I should have gone to the hospital, ok?”
Later, Eberly testified, he was using methamphetamines at the time of the June 3, 2020 shooting.
Martinez faces two counts of first-degree murder, two counts of attempted first-degree murder, and sentence enhancers for four crimes of violence.
The trial in Boulder District Court is expected to stretch into the end of the week.
The trial was originally set for November after Martinez pleaded not guilty in April 2021. It was delayed due to competency concerns and again in January due to a surge in COVID-19 cases.
Martinez allegedly shot and killed Bond, 34, while Bond was riding in a vehicle with his friend, Eberly, in the 1200 block of Hunter Court, according to police.
Martinez was trying to shoot Eberly, who reportedly had threatened Martinez’s girlfriend with a shotgun on the morning of the shooting, according to an arrest affidavit.
After Martinez was told about the incident, his girlfriend and his cousin picked up a handgun. The three drove to Hunter Court, where they saw Elberly and Bond about 4 a.m, the affidavit states. Elberly tried to drive away but Martinez fired shots into the car.
Elberly told police that Bond told Elberly to duck and tried to shield him. Bond was hit with one gunshot in the chest, the affidavit states.
Eberly drove away from the scene and abandoned Bond and the vehicle.
Elberly, who testified for the prosecution Tuesday morning, was cross-examined by defense attorney David Maxted in the afternoon. Maxted attacked Eberly’s credibility, noting Elberly’s long criminal record and hinted Elberly’s testimony came with the promise he would face a lighter sentence for his role in the Bond shooting.
Elberly denied he tried to cut a deal for a better sentence.
