Date of Booking:
Reason(s) For Booking:
Aggravated Assault, Gun
Cruelty To Child, Allow To Witness Fel/ Bat/ Fv, 3rd
[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 11/20/2022 I, Officer S. Herrera responded to [700 BLOCK] Northview Dr in reference to an aggravated assault that occurred on 11/19/2022 at around 18:00.
Upon arrival I made contact with the caller [WITNESS #1]. [WITNESS #1] stated that his nephew [REDACTED BY AGENCY] arrived to his house crying on 11/19/2022. He stated that he asked [REDACTED BY AGENCY] what happen to him, and [REDACTED BY AGENCY] stated that his step dad Martin Cruz-Garcia was arguing with him and put a gun to his head. He advised that [REDACTED BY AGENCY] made the statement that he was not allowed to leave or move until he apologize for being rude to his mother while the gun was up against his head.
He stated that later in the evening on 11/19/2022 he and his family members relocated to [600 BLOCK] Mitchell Street to speak with Martin over the incident. He stated that Martin gave the gun to a family member. He stated that they were not sure if they should have called 911 or delt with it themselves. The firearm will be retrieved at a later time and placed into evidence at the police service station.
[REDACTED BY AGENCY] stated that his step father was mad at him for (disrespecting his mother). He stated that the argument began on 11/18/2022 because he brought his girlfriend to the house even though his mom told him not to let her come over. [REDACTED BY AGENCY] advised that the argument continued until the next day, and on 11/19/22 at around 18:00 his step dad pulled out a “pistol” and put it against his head.
He stated that he was forced to get on his knees and beg for forgiveness. [REDACTED BY AGENCY] advised that he was scared, crying, and remembered asking begging for forgiveness over 20 times. He stated that his step father finally allowed him to get up, so he ran out the house. He stated that he ran to his family members house located at [700 BLOCK] Northview Drive and advised them of the incident. He stated that he did not know if he should have called 911 at the time of the incident. [REDACTED BY AGENCY] advised that his mother, [WITNESS #2] witnessed the whole incident and allowed it to happen.
The other victim [REDACTED BY AGENCY] stated that he witnessed the incident. He advised that he was in the same room when it occurred.
I relocated to [600 BLOCK] Mitchell Street to speak to Martin over the incident. [WITNESS #2] which is [REDACTED BY AGENCY] mother answered the door. I asked her if Martin was home and she said yes. I advised her that I needed to speak to Martin over the incident that occurred 11/19/22. Martin came to the door and I asked him to explain to me what happen yesterday between him and his stepson [REDACTED BY AGENCY].
Martin stated that [REDACTED BY AGENCY] had been disrespecting [WITNESS #2], and he was arguing with [REDACTED BY AGENCY] over it. He stated that it was only an argument and nothing else happen. I asked him to tell me about the gun since I had already spoken to [REDACTED BY AGENCY]. Martin stated that there was no gun involved and that it was only an argument. I asked him if he owned a fire arm and he said yes he did. He stated that he owned a pistol but that he had gave it to a relative yesterday.
I asked the victims mother [WITNESS #2] if she knew anything about the incident yesterday. She stated that Martin and [REDACTED BY AGENCY] were in an argument and that [REDACTED BY AGENCY] was very upset. I asked her if she saw the gun or knew that the gun was used and she stated that Martin never brought the gun out.
I placed Martin under arrest.
Once Martin was handcuffed and advised that he was under arrest [WITNESS #2] changed her statement. She stated that Martin did pull the gun out, but that it did not have any bullets in it. She stated that Martin was only trying to discipline [REDACTED BY AGENCY] since he was being rude. She stated that Martin used the gun under her authority.
Martin was searched incident to arrest. He was placed into the back of my patrol car with a seat belt in place. He stated that he was not a U.S citizen and wished to have his consular notified. Form was complete and faxed. He was charged on Warrantless arrest number 66742 for OCGA 16-5-21 AGG assault and OCGA 15-5-70 cruelty to children. He was turned over to the Whitfield County booking staff.
[End of Narrative]