Maria Day

Maria Day is currently in custody. She was found guilty of the second-degree murder of John Martinez last week.

Maria Day of Leadville was found guilty late Thursday of second-degree murder, leaving the scene of an accident causing death, vehicular homicide, and careless driving causing the death of John Alexander Martinez.

On the afternoon of July 8, 2015, Day struck Martinez, her then-boyfriend, multiple times with her vehicle. Martinez died later that day as a result of his injuries.

After hitting Martinez, Day allegedly waited for about 30 minutes before calling the police to report that she had hit “this guy.” Day only later specified that it was her boyfriend.

Day was originally charged with first-degree murder at an arraignment hearing on July 16, 2015, but the charge was reduced on Oct. 5, 2015 after intent to kill could not be established from the evidence.

The trial was originally scheduled for March 14, 2016, but was delayed after an order for a psychiatric evaluation was issued, again when the wrong type of psychiatric evaluation was administered, and again when a mistrial was declared in Lake County after the court ran out of potential jurors.

The trial was moved to Clear Creek County and took place in Georgetown, beginning Jan. 27.

The status of Day’s mental health, a throughline in the proceedings leading up to the trial, was barred from being a factor during the trial, though it may be taken into consideration at sentencing, Lauren Crisera, deputy district attorney and one of three prosecuting trial attorneys for the case, said.

Evidence entered during the trial which “potentially suggested an abusive relationship in the past,” indicated Martinez had been the victim of abuse by Day at an earlier point in their relationship, Crisera said.

“That evidence was admitted only for the purpose of showing this was not an accident,” Crisera said.

“After an extraordinarily long wait of five years to obtain justice, the family and friends of John Martinez finally are able to have a conclusive judgement that Defendant Day set out to kill and accomplished her goal,” Bruce Brown, district attorney for the fifth judicial district, said in a press release.

Due to a storm, parties were excused without a sentencing date being set.

Sentencing will happen in Lake County, likely in the coming months, following a pre-sentence investigation, Crisera said.

Day is currently being held in Clear Creek County Jail in Georgetown until sentencing.

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