ALBUQUERQUE, N.M. (KRQE) – In a rare move, prosecutors are asking a judge to reconsider and hold a dangerous suspect behind bars until trial. Omar Martinez is accused of killing two people in a crash while driving high on fentanyl and then hiding from officers once an arrest warrant was issued. Prosecutors believe his mother got up on the stand and lied on her son’s behalf.

Through a translator, the mother of a 35-year-old Martinez testified that police never came looking for her son at their home once a warrant was issued for his arrest in March. Prosecutors with the Bernalillo County District Attorney’s Office say Martinez’s mother, Rosa Maria Aguirre, lied on the stand about her son’s whereabouts, and her son’s own statements prove it.

“He just sort of blurted out to detectives when they arrested him, well, I’ve been in Colorado for several months, which was in direct contradiction with what his mother had testified to in court,” said Deputy District Attorney in Major Crimes.

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In July 2021, Martinez is accused of killing Bonnie and Bob Hartwig after flying through a red light and t-boning their SUV at the intersection of Louisiana and Lomas. APD suspected alcohol played a role in the crash, but it took eight months to get toxicology results back, confirming Martinez had fentanyl in his system.

Once officers issued a warrant for his arrest in March, Martinez could not be found until early August, when he was arrested by US Marshals in Nob Hill. “One of the other things that he said was, I believe, he did know that he did have an active warrant for at least a couple of weeks, and he chose not to turn himself in, chose not to surrender, just continued living his life,” Duran said.

Prosecutors argued Martinez should be held behind bars until trial, but Judge Cindy Leos released him. However, Duran says because Aguirre’s alleged perjury and Martinez’s statements came to light, the judge didn’t have all the information, so in a rare move, they’re asking the court to reconsider holding Martinez until trial, arguing he’s too dangerous to be out in the community.

“We want to make sure all the facts are put forth in front of the court so that the right decision is made,” Duran said. “We lost two members of our community, tragically, and we just don’t think a person like that should be on the street pending trial.”

Martinez is set to be arraigned next Friday. It is unclear when a judge may rule whether he should be held behind bars until trial.