WILKES-BARRE — A Mexican national in the United States for nearly 20 years will likely be deported after he was sentenced Thursday for firing shots at his estranged wife’s boyfriend while driving on Interstate 81.
Marco Martinez, 34, of Moosic, was sentenced by Judge Joseph F. Sklarosky Jr. to one-to-two years in prison on two counts of aggravated assault followed by 10 years probation. Martinez was immediately paroled when given 776 days of pre-sentencing credit for time served since his arrest on Sept. 8, 2023.
Martinez pled guilty to the assault charges Sept. 4.
In court records, Pennsylvania State Police at Wilkes-Barre alleged Martinez, driving a Chevrolet Silverado pickup truck north on Interstate 81 in Pittston Township, fired three shots at his wife’s GMC truck driven by Miguel Comacho Cazares on Sept. 7, 2023.
Martinez fastened a smart watch on the undercarriage of his wife’s vehicle he used to monitor her travels.
At the time, Martinez was separated from his wife, who was not inside the GMC truck, which was occupied by Comacho Cazares and another person. Comacho Cazares suffered minor injuries from shattered glass.
Two rounds passed through the windshield and another round struck the front passenger seat head rest.
Martinez’s attorney, Theron J. Solomon, said the felony aggravated assault charges are an automatic deportation for Martinez as he was born in Mexico.
In seeking a lesser prison sentence but lengthy probationary term to allow Martinez to re-enter the United States legally, Solomon argued the true victims are Martinez’s two children, who will be without a father as Martinez will likely be deported.
“It’s a very serious case and by the grace of God, no one was killed,” Solomon said.
“This incident could have led to much more serious consequences and much more serious charges,” First Assistant District Attorney Anthony Ross said in seeking a lengthy prison sentence for Martinez. “It is important to note, to say Martinez’s children are the real victims here, the children are the victims because of Mr. Martinez’s actions.”
As Martinez was immediately paroled when given credit for time served in prison, he remains jailed on an Immigration and Customs Enforcement detainer. He was also ordered to pay $13,186 for investigative cost and transcription of jailhouse phone calls.