LIMA — A Toledo man who caused a courtroom ruckus last week which ultimately caused his sentencing hearing to be postponed was much more reserved Tuesday during the court’s second attempt to impose punishment.
Perhaps it was the “shock belt” worn under his street clothes — a device capable of delivering an electrical shock in the event of a disturbance — that led to Derrick Martre’s calmer demeanor in Allen County Common Pleas Court.
The 27-year-old Martre was sentenced by Judge David Cheney to 12 years in prison and was labeled a Tier II sex offender during Tuesday’s hearing on two counts of gross sexual imposition and two counts of the illegal use of a minor in nudity-oriented material.
According to court records, on or about May 20 of last year Martre was discovered to have made videos with his cell phone of himself touching a 9-year-old girl with whom he was familiar. The incident is alleged to have taken place at a residence on South Metcalf Street in Lima.
Toledo police were alerted after Martre’s girlfriend reportedly found the images on the defendant’s cell phone. A warrant was obtained to allow police to further search his phone and the videos of Martre reportedly fondling the young girl were taken into evidence.
Prior to sentencing, Martre voiced his objections to several aspects of the case. He read for the court a segment of what he claimed was “one of many letters written to me” while in jail by the mother of the alleged victim in the case. Martre said those letters should have been allowed to be entered as evidence. He also claimed to be the victim of a vindictive girlfriend, of “fabricated and exaggerated” police reports and an attorney who “misled” him into pleading no contest in May to the charges against him.
Martre’s attorney, Joe Benavidez, told the court that his client “became involved in heroin and alcohol” and was under the influence of those intoxicants when the incident occurred.
Cheney sentenced Martre to four years in prison on the gross sexual imposition charges and four years on each of the illegal use of of a minor in nudity-oriented material charges. The sentences were ordered to be served consecutively.
As a Tier II sex offender Martre will be required to register with authorities every 180 days for the next 25 years.