Man pleads guilty with no deal

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FARGO - The triggerman in a killing over a drug dispute opted to plead guilty before jury selection could be completed in his federal court trial. The government had not offered him a deal.

Gabriel Martinez pleaded guilty Wednesday to seven felony counts, including murder in furtherance of a continuing criminal enterprise. He was accused in the June 2005 killing of Lee Avila, 28, of East Grand Forks, Minn.

Martinez faces a sentence ranging from 30 years to life in prison.

"I wouldn't characterize this as an acceptance of responsibility," U.S. Attorney Drew Wrigley said outside the courthouse. "It's more like an acceptance of circumstances."

Prosecutors will ask for a life sentence, Wrigley said.

Dan Gast, a lawyer for Martinez, said his client refused to point fingers at anyone else in the major drug conspiracy that federal authorities have labeled Operation Speed Racer.

"He kept his mouth shut … and he's probably going to suffer," Gast said in an interview.

Trial started Monday for Martinez and Alan Wessels, who was accused of driving the getaway car the night Avila was killed. Wessels reached a plea agreement Wednesday that calls for a sentencing range from 20 years to life in prison.

Prosecutors said Avila was shot in an East Grand Forks residence after he and Martinez argued about a delivery of methamphetamine. Avila was taking care of two children at the time, authorities said.

"In our community we value life, whether they are involved in criminal activity or not," Assistant U.S. Attorney Chris Myers, the lead prosecutor in the case, said after the hearing. "There's a big difference between being a drug dealer and being a murderer."

Authorities said the conspiracy brought drugs from Mexico and the West Coast to North Dakota, Minnesota and other states. More than 60 people have pleaded guilty in the case.

Myers said during Wednesday's hearing that Avila's death was ordered by Jorge "Sneaky" Arandas, who believed Avila owed money for a 5-pound shipment of meth. Wessels drove Martinez, Michael Petzold and Martin Carrillo to East Grand Forks, Myers said.

Wessels waited in the car while Martinez, Petzold and Carrillo entered the home wearing black hooded sweat shirts, Myers said. Martinez eventually ordered Petzold and Carrillo to leave before shooting Avila nine times - "three or four of those in the back," Myers said.

At least one of the children in the home went to neighbors for help, Myers said.

Petzold, the first person to plead guilty in Avila's death, was sentenced to 30 years in prison. Carrillo, who was a fugitive for about 11 months, and Arandas are awaiting sentencing.

Martinez and Wessels are to be sentenced July 17.

Martinez also pleaded guilty to attempted escape from custody. Authorities said he and two other inmates at a Rugby jail tried to saw their way through a cell window. Myers said two prison guards who smuggled saw blades to the inmates were promised trips to Mexico and money.

The escape plot was hatched after Arandas decided to plead guilty, Myers said.

Wessels was ordered to forfeit a white 1994 Cadillac used on the night of Avila's killing. He also pleaded guilty to tampering with a witness and obstruction of justice, charges that authorities said involved a note sent to a jail visitor asking for help with an alibi.

The only unresolved indictment in Operation Speed Racer is a single drug charge against Tyrone Williams, who was included in the trial with Martinez and Wessels. Lawyers said during Wednesday's hearing that they were working on a plea deal.

Wrigley and Myers said they could not go into more detail about the conspiracy until the Williams charge is settled.

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