The Wise County District Attorney’s Office will not seek the death penalty for a Boyd man facing a capital murder charge in the death of his cousin.
District Attorney James Stainton announced Monday that after extensive discussions with the family of Elias Torres-Moreno, his office will proceed with the case against Jose Diaz-Martinez as a capital felony and will not seek the death penalty.
JOSE LUIS DIAZ-MARTINEZ
If found guilty of capital murder, Diaz-Martinez would face an automatic life sentence without the possibility of parole, according to state law.
The 34-year-old Diaz-Martinez was indicted last November for capital murder of Torres, who was his cousin. The indictment states that Diaz-Martinez intentionally caused the death of Torres “by shooting Torres with a firearm, and the defendant was then and there in the course of committing or attempting to commit the offense of burglary of a habitation” at a home in Paradise during the early morning hours of Sept. 8, 2024.
In a statement sent to the Wise County Messenger Monday, Stainton said he considered many factors when making a decision on seeking the death penalty or proceeding as a capital offense.
“The death penalty has been a topic of discussion, and there are many factors that must be considered in making this decision,” Stainton said. “The wishes of the family involved, the likelihood of getting a death sentence based on the severity of the facts, the extensive time delay before trial, as well as the years spent on appeal are all taken into consideration before making this decision. I have been in direct communication with Mr. Torres’ family since the date of the murder. They continue to grieve for the loss of a father, brother and uncle. Please pray for them. My office will continue to seek justice for their loss.”
According to an arrest affidavit in the case, Diaz-Martinez went to the home of a woman with whom he had a prior relationship in the 100 block of Private Road 3459 in Paradise. The affidavit states the woman and Torres were currently in a relationship.
“(Diaz-Martinez) arrived at (the woman’s) residence, went into the bedroom where (the woman) and (Torres) were located, pulled out a firearm and shot (Torres) multiple times,” the affidavit states.
Torres was flown to John Peter Smith Hospital in Fort Worth where he died later that afternoon.
The incident initially prompted an Amber Alert for Diaz-Martinez’s two children, who were ages 2 and 6 at the time, but they were later found safe at his Boyd home.
Diaz-Martinez was located several hours after the shooting near Clarendon and was arrested following a traffic stop. He was later brought back to the Wise County Jail.
Diaz-Martinez remains in the Wise County Jail with total bond set at $900,000, according to jail records.
He is being represented by the Regional Public Defenders Office.
Loading Comments