LAS VEGAS (KTNV) — The student accused of attacking an Eldorado High School teacher will still face sexual assault charges, a judge decided on Monday.
Jonathan Martinez Garcia’s lawyers argued in court that documents provided by prosecutors only provided enough evidence to charge the teen with attempted sexual assault for the attack.
During the hearing, the judge denied the defense’s petition requesting to dismiss the kidnapping charge, a deadly weapon enhancement on the attempted murder charge, and to only charge the defendant with one count each of attempted murder and battery by strangulation with intent to commit sexual assault.
The judge agreed with Chief Deputy District Attorney William Rowles in that the defendant’s statements to police were enough to charge him with sexual assault.
According to the arrest report referencing the attack, the teen initially told police that he blacked out and did not remember the attack, but he later told police, “I think I forced myself onto her.”
Martinez Garcia will continue to face 10 felony counts in connection with the attack, including:
- first-degree kidnapping resulting in substantial bodily harm
- two counts of battery by strangulation with the intent to commit sexual assault
- battery with the intent to commit sexual assault resulting in substantial bodily harm
- two counts of attempted murder with a deadly weapon
- attempted murder
- sexual assault
- attempted sexual assault
- robbery
He has pleaded not guilty to all charges.
Martinez Garcia will remain in the Clark County Detention Center on Monday with a $100,000 bail. A jury trial in the case is scheduled for February.
