GILLETTE — More than a dozen women and children wearing “Justice for Haleigh” T-shirts gathered in front of the Campbell County Courthouse on Wednesday afternoon to peacefully protest in honor of 33-year-old Haleigh Martinez, who was shot and killed by her half-brother in January.
A mural of Martinez leaning against the brick courthouse depicts happier days. In the photos, a smiling Martinez poses with her three sons or mugs at the camera with her arms around her friends.
This is the person the protesters say the community and court need to remember, not the victim whose life was ended by a brother who her friends described as being close with her.
What happened the night that led up to Vincent Hackett shooting Martinez at point-blank range is confusing to all of them given the close relationship the siblings shared, said Casara Erickson, a close friend of Martinez.
“This isn’t black and white,” Erickson said, describing how all of them are suffering in the aftermath of her friend’s death.
The protest was organized by Martinez’s other close friend, Synneva Richardson, who said they just want her voice to be heard.
“She’s not here to advocate for herself,” Richardson said. “We’re here to speak for her and to show our support.”
Acted In Self-Defense
Less than an hour after the protestors gathered, Hackett, 26, appeared before Campbell County District Judge Matthew Castano for a second evidentiary hearing on his claim that he acted in self-defense the night he shot his sister.
Hackett has been charged with second-degree murder with a trial scheduled for September, unless the judge dismisses the criminal charges and deems Hackett acted in self-defense.
The alleged crime dates back to Jan. 21 when Hackett shot his sister three times and killed her. He doesn’t deny it, and called police to turn himself in directly after.
The shooting follows an argument between the siblings that happened at the home in downtown Gillette that Hackett shared with his mother, Jennifer Hackett, along with Martinez’s three children.
The siblings and their mother had been drinking that day when Martinez and Hackett began arguing, prompting Hackett to physically remove her from the home by pushing her out the front door and locking it behind her.
Martinez is then described as breaking down the door to get back inside, at which point Martinez shot her as she entered, according to court documents.
Second Hearing
Campbell County Chief Deputy Attorney Greg Steward and Hackett’s attorney, Joshua Taylor, questioned Gillette police detectives Cpl. Dan Stroup and Brian Roesner about evidence recovered from the scene and eyewitness testimony.
At question were earlier arguments between Hackett, Jennifer and Martinez later described in forensic interviews by Martinez’s children. That includes, among other evidence and eyewitness testimony:
• The point at which Hackett grabbed the gun.
• Marijuana and other drugs recovered from Hackett’s bedroom.
• The trajectory of the bullets.
• Whether Jennifer asked Martinez to leave.
• The manner in which Martinez entered back into the home.
Judge Castano did not issue a ruling from the bench, though he did admonish Martinez supporters for wearing “Justice for Haleigh” T-shirts in the courtroom.
This second evidentiary hearing was held to provide the state with an opportunity to present evidence arguing that Hackett does not meet the standard for self-defense immunity, according to court documents filed in the case.
This follows a first hearing April 25, when the court initially ruled from the bench that Hackett did meet the elements for self-defense, which it later reversed upon further review, ultimately dismissing Hackett’s motion to dismiss.
All Elements Not Met
To claim self-defense, the defendant must prove that the person illegally entered the home, that the person was the initial aggressor or involved in illegal activity, and there was a perceived reasonable presumption of fear.
The defendant also has to prove there was a presumption that the intruder intended to cause violence or some other unlawful act, and that he was justified in using force to protect himself.
In his order denying the defendant’s self-defense filed in May, Judge Castano determined that Hacket met only the first two of the five elements.
Chief among the determination was that Hackett could not prove that Martinez meant him harm because she could have been entering the house for the intention of getting her three children of whom only she has primary custody, according to court documents.
The court further found Hackett was not justified in shooting Martinez because he was able to initially restrain her and push her out the door without using a weapon.
The judge also determined that per Jennifer’s description of the siblings, neither was substantially larger than the other.
Motion To Reconsider
In his motion to reconsider filed May 19, Taylor argues the court failed to consider evidence suggesting that Martinez did not indicate she was returning to take her children home and that they were in the custody of their grandmother and getting ready for bed.
He further argues that Hackett did have reasonable fear that Martinez intended him physical harm given that Martinez returned to the house after leaving and did not state why she’d returned.
Prior to leaving, Taylor argued that Martinez had assaulted and threatened Hackett before she was forcibly removed from the home.
What Happened That Night
For longtime friends like Erickson, who is also the aunt to her children and was with Martinez for part of the night, said the real tragedy is what happened to the family that fateful night and how things got so out of control.
She said prior to the shooting that Martinez, who was very intoxicated and admittedly “obnoxious,” pulled Erickson and Hackett aside to tell them how much she meant to them.
“She told him that he was her voice of reason, and that I was the truth,” Erickson said.
Erickson, who had taken Martinez to her home for a portion of the day before dropping her back off because she was pregnant and tired, has a lot of guilt from that night that she didn’t just let her friend stay with her.
Though fond of Hackett, Erickson doesn’t like that he’s now claiming self-defense and thinks he should own up to his actions and take responsibility for killing Martinez.
Several protestors interviewed on the courthouse shared that sentiment, acknowledging a family ripped apart and a friend and loved one dearly missed. They described Martinez as a good mother and a friend who was always there for you no matter what.
They showed up to tell her story and advocate for her justice.
Jen Kocher can be reached at jen@cowboystatedaily.com.
