Cowley County District Court Judge Christopher Smith, left, hears from defense attorney Scott Loftis Tuesday, while the defendant, Christopher Henry, looks on. (Photo by Shane Farley)
By SHANE FARLEY
WINFIELD — A Cowley County jury Wednesday found Christopher Henry not guilty of second degree murder in the shooting death of 28-year-old Jonathan Martinez last April in Ark City. Henry was also found not guilty of unlawful discharge of a firearm.
Jurors deliberated at the county courthouse in Winfield for about two hours before delivering a verdict. Judge Christopher Smith presided in the case.
Henry, 38, testified on his own behalf this morning before closing arguments were made in the case.
Mr. Henry, who is from Wichita, had claimed self defense in the case. He was in Ark City April 3, 2020, looking for a brown Chevy Tahoe SUV that he had reported stolen to Wichita Police.
He believed a woman he knew may have been involved in taking the Tahoe.
Henry and Ashley Borjas, the mother of his children, were about to leave Ark City that day when they saw the Tahoe. They pulled up beside it in the area of B and Birch and asked those inside to get out.
Jonathan Martinez was driving the Tahoe. Testimony indicated that Martinez backed the Tahoe and struck another vehicle. He did not comply with Henry’s requests that he stop and turn over the vehicle.
Mr. Henry got up on the running board of the Tahoe as it was moving. Borjas was watching from another vehicle and said Henry was dragged. She said Henry’s life was in danger.
She added in her testimony that she had no idea Henry was in possession of a gun.
Henry put the gun in the window of the Tahoe and fired a shot. It struck Mr. Martinez. He drove away from the scene and went to a residence where he was put in a different vehicle and another driver attempted to take him to a hospital.
Police reached the vehicle before it made it to the hospital. Martinez was wounded and inside.
Martinez was transported by the Arkansas City Fire-EMS Department to SCK Medical Center. He was transported by air ambulance to a Wichita hospital, where he later passed away.
Due to COVID-19 precautions, a number of alterations were made to the courtroom to accommodate social distancing. Judge, jury witnesses and court workers, as well as Henry, were wearing special plastic nose and mouth coverings that allowed their mouths and more full facial expressions to be seen.
Cowley County Attorney Larry Schwartz was prosecutor in the case. Oklahoma-based attorney Scott Loftis represented Henry.
Henry had been held in the Cowley County Jail with bond set at $500,000. The acquittal means he is a free person.
