Kristian Mann, 23, of Keizer, was sentenced to 16 years in prison last week in a Marion County Circuit courtroom for first degree robbery and manslaughter in the 2020 shooting death of Salem resident Oscar Martinez at the Starbucks parking lot in Keizer Station.
Mann, along with Dasio Gonzalez, 23, of Salem, was initially charged with being a felon in possession of a firearm as well as delivering a controlled substance, but both men were quickly linked to the death of Martinez, and Mann was eventually charged with second-degree murder.
Circuit Court Judge Thomas Hart also ordered Mann to serve a three-year probationary period at the completion of his sentence. The drug and gun charges against Mann were ultimately dropped.
Last year, co-defendant Gonzales pleaded guilty to manslaughter and robbery and was sent to prison for 15 years.
The deadly encounter occurred in a Keizer Station parking lot in February of last year. Court records indicate Martinez was there to sell marijuana to Mann and Gonzales. When the two men attempted to steal Martinez’s backpack, he fought back and was killed at the scene.
“I don’t think there is anything I can say that will make anything better,” said an emotional Mann at his hearing. “I’ve thought a lot about what [the Martinez family] have been through, and Oscar had his whole life ahead of him . . . I want to apologize for my part in what happened. This was not supposed to happen, but it did and here we are.”
“I’m glad you’ve had the opportunity to reflect on all of that,” Hart replied. “It was not a situation that I believe was planned, at the outset, but things got ugly in a hurry and the outcomes were really bad – not only for you but for everyone involved. There are no winners in this situation.”
Prosecutors read statements from Martinez’s siblings, and his mother spoke to the court through a translator.
“I would like you to know that my son was not a person to have issues with anyone,” said Maria Martinez. “He had many friends who loved him very much. He was very responsible with his two children and a hard worker.”
She went on describe the turmoil her family has been experiencing, noting especially how close Oscar was with his younger brother, who had been experiencing severe depression and suicidal thoughts since the loss of his big brother and mentor.
“My 12-year-old daughter Gabby stays in her room all day and cries,” she exclaimed tearfully. “My older son is in Mexico and suffering also because of Oscar’s death. It is very painful that he can’t be here to grieve with us.”
The court agreed to drop two of the lesser charges against Mann – felony possession of a firearm and delivery of a controlled substance. His final set of charges included manslaughter in the first degree and robbery in the first degree with a firearm.
Due to his prior record, Mann entered the hearing with a presumptive prison sentence of 66 to 70 months. However a prior court determined both crimes fell under Ballot Measure 11, carrying a mandatory minimum sentence of 120 months.
Ballot Measure 11 was a 1994 initiative setting minimum mandatory sentences for serious crimes. Two-thirds of Oregon voters approved the measure. Due to the serious nature of these crimes, Mann will not be eligible for early release due to good behavior.
Hart objected the defendant’s negotiated cash award of $5,000 to cover Mann’s legal expenses, directing the court to ensure those funds went to the Martinez family, instead, to cover funeral expenses.
He went on to explain that both crimes were qualitatively different enough to justify consecutive sentences, ruling that Mann be sent to prison for 16 years with an additional three-year period of community service at the end of his incarceration.