Judge denies motion to drop sexual assault charges in Clay case

A district judge on Monday denied a motion by defense attorneys to dismiss three sexual assault charges against a 22-year-old man accused of the brutal slayings of a mother and daughter in April.

Bryan Clay's lawyers argued that prosecutors did not present evidence to the grand jury to show the victims were alive when they were raped so the sexual assault charges should be dropped.

Prosecutors said evidence of blood at the scene showed they were alive when they were sexually assaulted.

Judge Jessie Walsh denied the motion to dismiss, ruling it was an argument about facts and therefore should be decided by a jury. The judge also denied a motion to dismiss one count of burglary.

Authorities say Clay, drunk and high on drugs on April 15, sexually assaulted a 50-year-old woman near the intersection of Vegas and Tonopah drives and then went to the home at 1016 Robin St. and attacked the Martinez family.

Once inside, investigators say, Clay used a claw hammer to pummel Arturo Martinez, 39, then sexually assaulted and beat to death his wife, Ignacia "Yadira" Martinez, 38, and daughter, Karla Martinez, 10.

The couple's two sons, then 9 and 4 years old, were home at the time but were not attacked.

The courtroom was hushed other than muffled crying by members of Arturo Martinez's family during the half-hour debate Monday. Arturo Martinez was in court wearing a black suit. He has visible scars on his head, including an inch-deep indentation on the back of his head.

As Clay was brought into the courtroom for the hearing, dressed in navy blue jail scrubs and with his arms and legs shackled, Arturo Martinez stared at him. Their eyes met for a moment, and Clay looked away.

Arturo Martinez showed little emotion during the hearing as the lawyers presented graphic details of the sexual assaults. He did nod in agreement as prosecutor Robert Daskas rebutted defense lawyer Tony Sgro's arguments.

After the hearing, Arturo Martinez declined to speak with the Review-Journal.

On June 5, a grand jury indicted Clay on 10 felonies, including two counts of first-degree murder and four counts of sexual assault.

Clay pleaded not guilty to the charges. Prosecutors are seeking the death penalty against him.

A trial date was set for June 24.

In a separate case, Clay also faces charges of assaulting on at least two occasions in February and March his 16-year-old ex-girlfriend, who is pregnant with his child. He faces two counts each of domestic battery and child abuse and neglect and one count of robbery.

Clay remains jailed at the Clark County Detention Center without bail.

Contact reporter Francis McCabe at fmccabe@review journal.com or 702-380-1039.