The man accused of killing his girlfriend with a hammer on September 21 made an appearance in court last week. The preliminary hearing was held for 35-year-old Simon Rodriguez Martinez, who is charged with first-degree murder for the horrific crime. Police allege that Martinez murdered 39-year-old Yuri Guerra after an argument over alleged infidelity. The crime occurred in the early morning hours at couple’s trailer at 620 South Mountain Street.

Martinez, who does not speak English, was accompanied by his Public Defender Allison West and an interpreter during the hearing. Only one witness testified, TBI special agent Brandon Davenport, who was questioned by Assistant District Attorney General Greg Strong and Public Defender West about his investigation.

Special Agent Davenport testified that when he was called to the scene he gathered information from the initial responding officers who responded to a domestic disturbance at that address. He then obtained a search warrant and entered the residence where he said he immediately noticed reddish-brown stains (RBS), consistent with blood, on the linoleum and carpet at the entrance to the trailer.

“Walking on in, and looking to your immediate right, is the kitchen of that home where a deceased female lay face up in that kitchen covered partially with a pink and purple floral type blanket or comforter partially exposed by the head and the hand,” Davenport said.

Davenport then told the court that he noticed a significant amount of head trauma to the victim, and blood pooling around the head of the deceased.

Davenport went on to describe the gruesome scene and the severity of the alleged attack. “Significant head trauma to the top base of the scalp around the crown area, you can visually see that parts of her skull were no longer intact. Visually looking, there was bio-matter protruding from this injury. That would be consistent with brain matter for the area of injury. Pieces of that same consistent bio-matter can be found matted into the wet and bloody hair. That same bio-matter can be seen on her clothing.”

He went on to say that he observed what appeared to be blood spatter or castoff on the ceiling, cabinetry and other objects in the kitchen, and that it appeared as if someone had attempted to clean the scene. “On the table, floors, and part of the countertops there were swipe patterns where it looked like someone had attempted to clean up the blood pool.”

Afterwards, Agent Davenport testified that the alleged murder weapon was found on the front porch of the home. “We found a yellow and black claw style hammer, and that hammer had been placed out on the front porch onto a single paper towel. On that hammer visually looking at it there is RBS on the entire ball and claw of the hammer, as well as coming downward toward the handle. Additionally on the claw of the hammer are items consistent with dark and black in color hair wrapped around the claw tines.”

After investigating the scene, Davenport said that he interviewed Martinez at the Smithville Police Department, through a certified interpreter. There, Davenport alleged that Martinez that he and Guerra were in an argument over infidelity. He then allegedly told the investigator that he pushed her backwards and she hit her head on some cabinetry. He then claimed that Guerra struck him with the hammer, when he took that hammer from her and admitted to striking her only one time in the head.

Though Martinez claimed that he had been struck first with the hammer, Agent Davenport testified that he could see no visible marks on Martinez’s body to indicate a blow. “There was no evidence of any markings on his body. No redness. No abrasions and no discolorations consistent with any kind of injury or bruising.”

While Martinez did allegedly admit to hitting Guerra one time, Davenport testified that the woman’s injuries tell a different story. “The sheer size of the section of skull that was missing could not be completed with a single strike with a hammer,” Davenport said. “The part that appeared to be missing was at the crown of the skull. I would estimate approximately a four-inch circular injury. During the autopsy her body was cleaned, and her head shaved, and the images taken of the body there showed multiple linear injuries all throughout the front of the head, base of the head, injuries to the ear, as well as the orbital area near the nasal cavity.”

Davenport also alleged that Martinez admitted to attempting to clean the scene and hide evidence. “He stated that he cleaned the scene to keep his children who were present in the house from seeing excess blood and blood on him. As part of that, he took a shower and took his clothes and threw them away in a trash can located in the bathroom of the residence.”

Davenport said that there were three children in that home at the time of the crime, and that a 14-year-old witnessed the events. “Forensic interviews were conducted of both the 14-year-old female and the 5-year-old son. They were interviewed at the child advocacy center in Cookeville. Another child that is five months old was not part of that process.”

During cross examination Davenport told how police were notified about the crime. “The call was a transfer call that was sent into DeKalb County 911 from Warren County of a possible domestic disturbance. Between the two jurisdictions they used the information to place that address and lot number. The initial 911 call was from Jose Calvillo.” Davenport said that Calvillo was also interviewed by authorities.

At the conclusion of the hearing, Judge Brandon Cox found probable cause to bind the case to the next term of the DeKalb County Grand Jury on December 6th. The following day, Criminal Court Judge Wesley Bray set a bond of $2 million for Martinez.

District Attorney General Bryant Dunaway stated after the hearing that prosecutors have not yet decided on the punishment to be sought against Martinez.