Bryan Taylor, Canyon County Prosecutor, announced that Mya D. Martinez, age 19, of Caldwell, and Viviana E. Hernandez, age 20, of Nampa, were sentenced on July 6, 2023, for their roles in a gang-motivated attack that occurred in Caldwell in August 2022.
Martinez was sentenced by the Honorable Brent L. Whiting to two (2) years fixed, followed by ten (10) years indeterminate, on two counts of Aggravated Battery with a Deadly Weapon. Judge Whiting also ordered Martinez to submit a DNA sample to the Idaho database and pay a $5,000 civil penalty to the victims as well as restitution.
Hernandez was sentenced by the Honorable Andrea L. Courtney to two (2) years fixed, followed by seven (7) years indeterminate, for Aiding and Abetting Aggravated Battery, and one (1) year fixed, followed by four (4) years indeterminate for perjury. The sentences will run concurrently, and Judge Courtney retained jurisdiction on the case, meaning Hernandez could be placed on probation and released to the community within 6-12 months. Judge Courtney also ordered Hernandez to pay restitution and a $2,000 fine on the perjury charge.
Martinez and Hernandez were arrested by the Caldwell Police Department on August 6, 2022, for their roles in a gang-related fight that occurred a day earlier on the 3600 block of E. Ustick Rd. in Caldwell. According to police reports, the two defendants were riding together in a white car and followed a black car for some time before the victim’s car was blocked at the location on E. Ustick Rd. Another vehicle – which was called by the victims in the black car when they noticed they were being followed – arrived around the same time. Once the vehicles were stopped, police reports say that Martinez got out of her vehicle with a bat and began hitting the black car with it. One of the victims got out to try and take the bat, and Martinez began hitting her too. At some point during the fight, one of the victims was able to take the bat from Martinez, at which point Martinez pulled out a pocket knife and stabbed one of the victims in the chest. A short time later, several citizens who were not involved came running up and stopped the altercation, at which point Martinez and Hernandez fled the scene. According to police, the bat used in the altercation was located at the scene and had lettering on it that stated “busta beater” which is a derogatory slang term used to describe a Northside/Norteno gang member.
The perjury charge against Hernandez resulted from her lying about the circumstances of the attack while trying multiple times to obtain restraining orders against the victims.
“I want to thank the Caldwell Police Department for their tireless efforts investigating this incident and bringing these two gang members to justice,” said Prosecutor Bryan Taylor. “Gangs have no place in Canyon County, and I’m hopeful these two sentences send a message that gang-related activity will not be tolerated in Canyon County.”