Bret Walker Martyn appeared for sentencing in the Tenth Judicial District Court on Tuesday, December 19, before Judge Thomas Stockard for the Category D Felony of Attempt to Commit Sexual Assault, punishable by 2-20 years in a Nevada State Prison.
Arrested on a warrant booking last January, Martyn pleaded guilty during his District Court arraignment on July 25. The plea was entered "per Alford," based on the landmark ruling of North Carolina v. Alford (1970). The Alford plea is the guilty acceptance of a crime, while the defendant claims innocence. An Alford plea accepts the full ramifications of a guilty verdict and the prescribed penalties without admitting to committing the crime.
It is important to note that in the most general terms, Attempted Sexual Assault differs from Sexual Assault in that it occurs when an individual takes a substantial step towards committing a sexual assault but does not complete the act.
Deputy District Attorney Priscilla Baker began by repeating to the court the words Martyn allegedly told the victim, “This is something you take to your grave; don't ever say a word; you never say a word or I'll make your life a living hell.” According to Baker, over about a year and a half, Martyn manipulated, befriended, or established a relationship with a minor with the intent of preparing her for potential sexual exploitation or abuse.
Baker drew the court's attention to the victim's statement detailing her current state of mind. “I can't stand myself most days because I don't feel comfortable in my own skin,” she said, with her name protected by statute due to her age at the time of the alleged offenses. “The pain I've felt in my chest every day since is unexplainable. It is something I have to carry every day with me. I no longer feel the same or trust. I'm lost.”
During the Pre-Sentence Investigation, Martyn stated that he believed he has “no sexual disorder that needs treatment,” according to Baker, who strongly disagreed with Martyn's assertion. “This defendant took an opportunity, exploited a young girl, and ruined her life,” said Baker. By statute, Martyn is eligible for probation after completing the requisite psychosexual evaluation. However, Baker asked the court not to consider probation and to sentence Martyn to prison, stating, “He put this child through hell.”
Karena Dunn Esq., defense counsel for Martyn, began her argument by reminding the court that Martyn pled guilty pursuant to Alford, maintaining his innocence. Dunn aimed to convince the judge that her client would be a great candidate for probation, explaining that Martyn has no prior criminal history and had never been arrested before this event. According to Dunn, he has a support system, has been a hard worker throughout his life, and has been a good provider. Additionally, there has been a temporary protection order since the beginning of this case with no violations, and Martyn's risk assessment concluded he was at a below-average risk for supervision and intervention. Further, several letters were written to the court in support of Martyn.
Dunn explained the punitive factor for convicted felons and convicted sexual offenders, which will have a significant impact on Martyn's daily life, work life, and social life. Dunn argued, “Mr. Martyn is humbly asking for [probation], and I am vehemently supporting that.”
During his address to Judge Stockard, Martyn said, “I apologize for even being here. I don't know what to say other than I'm a good person. I'm a good father. I try to do the right thing every day in my life. And I ask that you consider me a candidate for probation.”
Before judgment was passed, the minor in the case provided a Victim Impact Statement. Unable to withhold tears, she told the judge the defendant's actions' effects on her, stating, “A whole lot was taken from me.” Before concluding, she said, “I just don't understand; what did I do that was so wrong?”
Judge Stockard imposed fees and assessments, including a $1,675 psychosexual evaluation fee and $500 in restitution. Considering all documents submitted by the state and the defense, as well as the Pre-Sentence Investigative Report and Psychosexual Risk Assessment, Stockard sentenced Martyn to 36-140 months in prison. Upon release, he will be required to register as a sex offender subjected to lifetime supervision.
Stockard concluded the hearing by telling Martyn, “I have considered probation in this case. I am not going to grant you that privilege.” He was remanded to the custody of the Churchill County Sheriff's Office for the imposition of sentence.
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