Man arrested after obsessively stalking ex

After being arrested for allegedly stalking his ex-girlfriend and violating an Order of Protection issued by the court on behalf of the victim last April, a 33-year-old man is now facing charges of stalking, disturbing the peace, and violating an Order of Protection.

Heirszan Tobias Martinez appeared before Associate Judge Joseph N. Camacho last Monday at the Superior Court in Susupe for his bail hearing, during which a $5,000 unsecured bail was placed on him. Public defense attorney Molly Dennert was selected to represent Martinez and Chief Prosecutor Chester Hinds will represent the CNMI government during Martinez’s preliminary hearing set for Aug. 2, 2024 at 10am. Martinez will also appear for an arraignment hearing on Aug. 12, 2024 at 9am.

During the bail hearing a family member offered to act as a third-party custodian. While answering questions from both the defense and prosecution, the individual appeared physically unwell and apologized to the court, saying he had just been released from the hospital. After completing his testimony, the individual who was visibly trembling was escorted out of the courtroom to be assisted by medics. The individual refused to be transferred to the hospital, and after being assisted by medics, third-party custodian said he was okay and was just dealing with a panic attack due to anxiety.

Camacho, the prosecution, and the defense questioned the individual’s capability to supervise Martinez, but after a reassurance from the individual that there were other capable members in the household to ensure the court’s requirements were met, and a plea on behalf of Martinez’s child, the court released Martinez to the third-party custodian under strict house arrest.

According to court documents, on May 17, 2024, the Department of Public Safety Central dispatched units to respond to a complaint of order of protection violation, made by the victim. A police pfficer arrived at Kagman Mobil and confirmed the incident, as the officer spoke with the victim’s current boyfriend, the man’s phone kept ringing, and he told the officer that the caller was his girlfriend’s ex, Martinez, the victim also confirmed that it was Martinez’s cell phone number calling.

The victims asked the officer to speak with Martinez and tell him to stop calling his phone.

It was reported that the officer picked up the call and said “Hello, this is DPS,” to which Martinez replied, “DPS, my fa,” and demanded to speak with the victim. The DPS officer responded “Heirszan, I’m not playing.” And asked Martinez what he wanted. Martinez retort was “I don’t give a f,” demanding again to speak with the victim. The officer then hung up the phone.

According to the police report, the victim’s boyfriend, stated that he and the victim went to the CYC Store located in Kagman that evening and while he was in the store paying for his items, Martinez walked into the store then took out his phone and began recording and taking pictures of him close to his face. The victim’s boyfriend asked Martinez why he was speaking ill of him, but Martinez just told him to relax and then exited the store. The victim mentioned that she went to the CYC Store at around 9:55pm. Her current boyfriend got out of their car and entered the establishment while she remained in the parked car, when she noticed that the car next to her was being driven by her ex-boyfriend. She said that Martinez got out of the car and started taking pictures or videos of her car and license plate. He then entered the store and recorded her boyfriend at the cash register. After a few minutes, Martinez left the store. She emphasized feeling scared and worried because, in the past, Martinez would throw himself onto the hood of her car to prevent her from leaving.

The court document states that on July 5, 2024, at around 10:0am, police detectives met with the victim for a follow-up interview. The victim disclosed that she has been constantly receiving messages from multiple numbers talking about her activities and she believes they are from Martinez. She further stated that an Order of Protection was granted on April 17, 2024, however, Martinez still constantly messages her. She expressed how irritated and mentally drained she is and that she fears for her safety. She lastly stated that she feels that the Order of Protection was useless because Martinez continues to disturb her peace.

According to the report Martinez continued to make indirect contact with the victim through messages using his cell phone number. On April 27-28, 2024, Martinez sent the victim a total of four messages pleading to work things out between them and asking if they could talk. The messages that followed involved Martinez talking about how the victim’s current boyfriend’s “cigarettes” were not good for her. On May 12-17, 2024, Martinez sent a total of 171 messages, to the victim stating he missed her and that he will always love her, asking her about her day and saying her current boyfriend was just playing with her feelings. On June 9-10, 2024, Martinez sent another four messages to the victim, stating if they were really going to embarrass themselves in front of people and how it’s embarrassing for people to know their business.

On Monday, July 8, 2024, at around 1:30pm, police detectives met with Martinez at the Guma Hustisia in Susupe parking lot to execute a search warrant for Martinez’s cell phone. After seizing the cell phone, detectives examined and found videos that agree with the victim and her boyfriend’s testimony.

The next day, July 9, detectives conducted an interview with Martinez, where he said that he coincidentally found himself in the same place as the victim, who was in her car in the parking lot of the CYC Store located in Kagman. He explained that wanted to confront his ex’s current boyfriend but he started recording the victim’s car to provide evidence that he was not bothering her. He confirmed that he saw the victim inside her car in the parking lot because he noticed her figure in the window. Martinez also confessed to texting the victim after the one-year Temporary Restraining Order and Order of Protection were served to him. He used his cell phone to contact her because he “missed her.”

An arrest warrant was issued July 26 and he was arrested shortly after.