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Name:
Martinez, Ernesto Bustamante
Date of Booking:
03/18/2026
Reason(s) For Booking:
Aggravated Battery
Aggravated Assault
Battery – Family Violence
Criminal Damage To Property – 1st Degree
Officer’s Narrative:
[Please note: The following is a direct transcription from the official initial incident report. The Georgia Gazette does not fix any spelling or grammatical errors that may exist. Any changes or redactions made by our staff are placed inside brackets. Some errors may exist. All subjects are innocent until proven guilty in a court of law. The topics discussed may be sensitive to some readers. Discretion is advised.]
On 3/18/26 at 0142 hours I was dispatched to 601 S 8th St in non-emergency mode due to a domestic disturbance that occurred at [700 BLOCK] W Poplar St APT-[REDACTED]. Upon arrival I met with victim / [VICTIM #1] whom was a patient in room [REDACTED] of WellStar Spalding Regional Hospital.
As I approached [VICTIM #1], I immediately noticed [VICTIM #1] to be covered in scratches, edema, as well as her right arm being in an orthopedic sling. Once introducing myself, it was also obvious [VICTIM #1] was emotionally distraught and shivering in fear,
[VICTIM #1] advised she was at a concert in Atlanta, Ga when she got into a verbal argument with her live-in boyfriend offender / Martinez, Ernesto. [VICTIM #1] stated due to Martinez being extremely intoxicated which caused him to become disrespectful, she then left the concert as well as left Martinez behind.
[VICTIM #1] advised while lying in her bed, Martinez arrived at the residence and immediately became irate. [VICTIM #1] stated Martinez then began banging on the bedroom door which she had locked. [VICTIM #1] advised Martinez became so enraged that he violently ripped and broke the bedroom door off the hinges.
[VICTIM #1] stated after Martinez threw the dismantled door across the hallway and into another bedroom, that is when he charged at her. [VICTIM #1] advised Martinez grabbed her and proceeded to slam her onto the bedroom floor.
[VICTIM #1] stated she knew she had to defend herself so she gabbed a golf club which was lying nearby. [VICTIM #1] advised before she could defend herself, Martinez got on top of her and began striking her in the facial area with a closed fist.
[VICTIM #1] stated she began to fight back by striking Martinez into the rib cage area and that is when Martinez got off of her but was also able to take the golf club.
[VICTIM #1] advised Martinez then took the golf club and began beating her with it. [VICTIM #1] stated Martinez eventually stopped but she was in so much pain. [VICTIM #1] advised once Martinez calmed down that is when he helped her into their vehicle and transported her to the hospital,
While speaking with [VICTIM #1] she did state “Martinez has never hurt me this bad”. Once gathering the information, I then proceeded to speak with Martinez. Martinez was located in the hospital lobby / waiting area laying under a blanket on a visitor chair asleep. Once awakening Martinez whom was reeking of alcohol, I then began speaking with him about the incident.
Martinez advised [VICTIM #1] left him in Atlanta during a concert. and that was unnecessary. As I attempted to speak with Martinez about the incident, he only became concerned on why I was harassing him since “[VICTIM #1] is not pressing charges”.
I attempted several more times to speak with Martinez but Martinez advised he knew his rights and he pleads the fifth. During my questioning Martinez also made remarks about [VICTIM #1] such as that stupid b*tch”. Due to obvious injuries witnessed on [VICTIM #1] as well as Martinez having what appeared to be swelling and marks on his hands as well as knuckles indicating he was involved in a physical manner, I then placed Martinez into custody (double-lock mechanism applied).
Martinez was then placed in the rear of my assigned patrol vehicle and transported to City of Griffin Police Department where CID Inv, C. Stephens requested to speak with Martinez. Once arriving, Inv. C. Stephens quickly informed me that Martinez did not want to speak with him.
Martinez was then transported to Spalding County Sheriffs Office using the safest most direct route possible. Once arriving at the SCSO my departmental issued weapons was placed in the rear trunk of my vehicle. Martinez with all required documentation was then turned over to SCSO jail facility.
After leaving SCSO jail facility, I then met with CID as well as CSI investigators at the incident location where a search of the residence was completed (after a search warrant was obtained). Inside the residence it was obvious that a struggle had taken place.
A bedroom door was witnessed ripped from the threshold and damaged as [VICTIM #1] described. A golf club was also located in the bedroom on the bed and blood was located onto the floor. Inside the kitchen area, [VICTIM #1]’s iPhone 15 ProMax (valued at $1000 dollars) was discovered completely shattered and damaged beyond repair. A broken window was also discovered in the kitchen area.
After collecting all evidence at the incident location, I then returned back to the hospital to speak with [VICTIM #1] for some follow up questions. [VICTIM #1] informed me that her phone must have been destroyed when Martinez was throwing items across the residence / when he was hitting her. [VICTIM #1] advised she was afraid of Martinez’s family and was worried they would retaliate against her.
During my follow up investigation, [VICTIM #1] was witnessed with her entire right arm in a complete cast. It was then brought to my attention that [VICTIM #1] did receive a broken arm from when she was being struck by the golf club. [VICTIM #1] was informed of remedies and to contact Griffin Police Department for any further questions.
All evidence gathered was taken and placed into Griffin Police Department Evidence Locker. Warrants was obtained on Martinez for Aggravated Assualt, Aggravated Battery, Battery, Criminal Damage to Property and warrants were signed by Judge Grubbs.
[End of Narrative]
All information is sourced directly from the official, public court database. Case history is organized and curated by The Georgia Gazette staff. The “What this means:” explanations are written by AI and reviewed by our staff before publishing.
Court records are subject to change at the court’s discretion. The Georgia Gazette is not responsible for errors or omissions. Nothing here is legal advice. All individuals are presumed innocent until proven guilty in a court of law.
Case History:
3/18/26
ERNESTO BUSTAMANTE MARTINEZ ARRESTED AND BOOKED IN SPALDING COUNTY
What this means: Ernesto Bustamante Martinez was arrested and booked into custody in Spalding County on this date. The booking marked the formal start of the legal process against him. He is accused of aggravated assault with a weapon, aggravated battery disfigurement, battery causing substantial physical harm, and first-degree criminal damage to property.
3/19/26
FIRST APPEARANCE HEARING HELD — BOND DENIED ON ALL COUNTS
What this means: Ernesto Bustamante Martinez appeared before Judge Brennan T. MacDowell in the Magistrate Court of Spalding County for his first appearance hearing. This is the initial court appearance after an arrest, where a judge reviews the charges and decides whether to set bond. Judge MacDowell ordered that Ernesto Bustamante Martinez be held without bond on all four charges and that the case be bound over to the Superior Court of Spalding County. The four charges and their associated warrant numbers are: Aggravated Assault with a Weapon (Warrant 26-EW-002261), Aggravated Battery Disfigurement (Warrant 26-EW-002262), Battery Causing Substantial Physical Harm (Warrant 26-EW-002263), and First-Degree Criminal Damage to Property (Warrant 26-EW-002264). The arresting officer is listed as Ptl. Kody J. Billings. Because bond was denied, Ernesto Bustamante Martinez remained in custody following this hearing.
3/20/26
DEFENSE ATTORNEY FILES ENTRY OF APPEARANCE
What this means: Attorney James R. Dutton (Bar Number 698243) of Griffin, Georgia formally notified the Superior Court of Spalding County that he is representing Ernesto Bustamante Martinez in Case No. 26FAH-0535. This filing, called an Entry of Appearance, is a standard procedural step that officially places the attorney on record so the court and opposing counsel know who to contact regarding the defense.
3/23/26
DEFENSE FILES REQUEST FOR PROBABLE CAUSE AND BOND HEARINGS
What this means: Attorney James R. Dutton filed a motion in the Magistrate Court of Spalding County on behalf of Ernesto Bustamante Martinez requesting two things: first, a probable cause hearing — a proceeding where a judge determines whether there is sufficient legal basis to keep the defendant incarcerated on the charges — and second, a hearing to ask the court to set a reasonable bond. The filing notes that Ernesto Bustamante Martinez had been continuously held in custody since his arrest and had not yet had a bond hearing. This motion was filed and stamped by the court at 11:11 AM.
3/31/26
PRELIMINARY HEARING SCHEDULED
What this means: A preliminary hearing was scheduled for Ernesto Bustamante Martinez at 8:00 AM in Spalding County. A preliminary hearing is a court proceeding where a judge reviews the evidence to determine whether there is enough probable cause to move the case forward. This hearing was likely scheduled in response to the defense’s earlier request filed on 3/23/26.
4/8/26
DEFENSE FILES MOTION FOR BAIL IN SUPERIOR COURT
What this means: Attorney James R. Dutton filed a formal Motion for Bail in the Superior Court of Spalding County on behalf of Ernesto Bustamante Martinez, asking the court to set a reasonable bail amount in Case No. 26FAH-0535. The motion argues that Ernesto Bustamante Martinez meets the legal requirements under Georgia law (O.C.G.A. 17-6-1(e)) for bail to be set, specifically that he does not pose a significant flight risk, does not pose a threat or danger to any person or the community, is not likely to commit a felony while awaiting trial, and is not likely to intimidate witnesses or obstruct justice. The filing notes that Ernesto Bustamante Martinez had been continuously confined and denied bail since his arrest in the Magistrate Court.
5/21/26
JUDGE SETS BAIL FOR ERNESTO BUSTAMANTE MARTINEZ — FIRST ORDER ISSUED
What this means: Judge Scott Ballard of the Spalding County Superior Court issued an Order for Bail in Case No. 26FAH-0535, granting the defense’s earlier motion and setting bail for Ernesto Bustamante Martinez. The total bail amount was set at $54,500.00, broken down as follows: $20,000.00 for the aggravated assault charge (Warrant 26-EW-002261), $30,000.00 for the aggravated battery disfigurement charge (Warrant 26-EW-002262), and $1,500.00 each for the remaining three misdemeanor charges — aggravated battery physical harm (Warrant 26-EW-002263), criminal damage 1st degree (Warrant 26-EW-002264), and interference with a 911 call (added in court) — totaling $4,500.00 for those three. The order also included special conditions of bail: Ernesto Bustamante Martinez must wear an ankle monitor, must stay 100 yards away from the victim at all times, may not have any contact whatsoever with the victim including no third-party contact, must not leave the state of Georgia, must not violate the law, and may not possess any firearms or ammunition.
5/22/26
BAIL ORDER AMENDED AND REISSUED BY JUDGE BALLARD
What this means: One day after the original bail order, Judge Scott Ballard issued a revised Order for Bail in Case No. 26FAH-0535. The bail amounts and special conditions remain identical to the 5/21/26 order — $20,000.00 for aggravated assault, $30,000.00 for aggravated battery disfigurement, and $1,500.00 each for the three remaining charges including the interference with a 911 call charge added in court, for a total of $54,500.00. All special conditions also remain the same: ankle monitor, 100-yard stay-away from the victim, no contact with the victim including no third-party contact, no leaving the state, no law violations, and no possession of firearms or ammunition. The reissuance on 5/22/26 appears to be a corrected or finalized version of the prior day’s order. Both orders were emailed, faxed, and copied to the Sheriff’s Office.
8/11/26
DEFENSE FILES MOTION TO MODIFY BOND CONDITIONS
What this means: Attorney James R. Dutton filed a Motion for Bond Modification in the Superior Court of Spalding County on behalf of Ernesto Bustamante Martinez in Case No. 26FAH-0535. The motion asks the court to change the special conditions of the bond that was previously set. The filing acknowledges that Ernesto Bustamante Martinez was arrested on 3/18/26, has satisfied bail, and has been out of custody under the special bond conditions. The defense argues that those special conditions have created significant hardship for Ernesto Bustamante Martinez in his ability to provide for his family. The motion was filed and recorded with the Spalding County Superior Court Clerk on 8/11/26.
9/9/26
JUDGE GRANTS BOND MODIFICATION — OUT-OF-STATE TRAVEL FOR WORK NOW PERMITTED
What this means: Judge Scott L. Ballard of the Spalding County Superior Court held a hearing on the defense’s Motion for Bond Modification and issued an Order for Bond Modification in Case No. 26FAH-0535. The court granted a limited change to Ernesto Bustamante Martinez’s bond conditions: he is now permitted to travel out of the state of Georgia for work purposes. All other bond conditions from the original bail order — including the ankle monitor, the stay-away order from the victim, the no-contact requirement, the prohibition on firearms and ammunition, and the requirement not to violate the law — remain fully in effect. The order was consented to by the Spalding County ADA and was filed in open court on 9/9/26.