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"Don't Try to B.S. Me," says Judge to Defendant In Felony Murder Case

Jan. 7, 2025 8p

(WGTD)---A Kenosha man being sentenced for his role in a home invasion in Racine that resulted in a death raised the ire of the judge Tuesday by claiming he has taken full responsibility for the crime. 

Racine Judge Robert Repischak said if that was the case then 28-year-old Johnathan Martinez would’ve cooperated more fully with police in implicating his two brothers, who also are facing charges in the incident. 

“Don’t try to B-S me!” said Repischak angrily in interrupting Martinez’ statement to the court. “Don’t try to convince me you’re a boy scout,” he said. 

According to the criminal complaint, Martinez was the wheel man for his two brothers, ages 31 and 26, when they tried to rob drug dealer James Hamilton at his Racine home in 2021. A shoot out ensued, and the 31-year-old Hamilton was killed. The brothers then fled but were arrested later. 

Martinez was given a 20-year prison term Tuesday, nearly triple the amount of time that had been recommended by the state Department of Corrections. “The public needs to be protected from the likes of you,” Repischak said, noting that Martinez had been on probation for a gun-related crime at the time. 

In court Tuesday, Martinez’ attorney argued that her client had been born into a family of drugs, guns and gangs. Mary Cole said Martinez’ life has been a constant case of “push and pull” between some of his relatives and the positive influence of his wife, with whom he shares five children. "Nobody is saying he's perfect but he's trying, " Cole said. 

At the time of the crime, Martinez was working a pair of jobs in auto repair and construction. 

Hamilton was found dead in a bedroom along with guns, drugs and over $125,000 in cash. 

At the start of the sentencing hearing, Hamilton’s mother asked the judge to impose the maximum, saying her son was a “good, smart and amazing young man.” 

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