GILLETTE — On Wednesday afternoon, more than a dozen women and children wearing “Justice for Haleigh” T-shirts gathered in front of the Campbell County Courthouse to peacefully protest in memory of 33-year-old Haleigh Martinez, who was shot and killed by her half-brother in January.
A mural of Martinez leaning against the brick courthouse depicts happier times. Martinez smiles as she poses with her three sons or looks at the camera while wrapping her arms around her friends.
This is the person the protesters believe the community and court should remember, not the victim whose life was taken by a brother who her friends described as close to her.
Given the siblings’ close relationship, what happened the night Vincent Hackett shot Martinez at point-blank range is perplexing to everyone, according to Casara Erickson, Martinez’s close friend.
“This isn’t black and white,” Erickson said, describing how everyone is struggling in the aftermath of her friend’s death.
Martinez’s other close friend, Synneva Richardson, organized the protest, saying they simply wanted her voice heard.
“She’s not here to advocate for herself,” Richardson said. “We’re here to speak for her and to show our support.”
Acted In Self-Defense
Less than an hour after the protestors gathered, Hackett, 26, appeared in front of Campbell County District Judge Matthew Castano for a second evidentiary hearing on his claim that he shot his sister in self-defense.
Hackett has been charged with second-degree murder, and his trial is scheduled for September, unless the judge dismisses the criminal charges and rules that Hackett acted in self-defense.
The alleged crime occurred on January 21, when Hackett shot his sister three times and killed her. He does not deny it and immediately called the police to turn himself in.
The shooting occurred following an argument between the siblings at Hackett’s downtown Gillette home, which he shared with his mother, Jennifer Hackett, and Martinez’s three children.
The siblings and their mother had been drinking when Martinez and Hackett began arguing, prompting Hackett to physically remove her from the house by pushing her out the front door and locking it.
Martinez is then described as breaking down the door to return inside, at which point he shot her as she entered, according to court documents.
The Second Hearing
Campbell County Chief Deputy Attorney Greg Steward and Hackett’s attorney, Joshua Taylor, questioned Gillette police detectives Cpl. Dan Stroup and Brian Roesner about the evidence found at the scene and eyewitness testimony.
Earlier arguments between Hackett, Jennifer, and Martinez were called into question, and Martinez’s children described them in forensic interviews. This includes, among other evidence, eyewitness testimony:
• The point at which Hackett grabbed the gun.
• Marijuana and other drugs recovered from Hackett’s bedroom.
• The trajectory of the bullets.
• Whether Jennifer asked Martinez to leave.
• The manner in which Martinez entered back into the home.
Judge Castano did not issue a ruling from the bench, but he did criticize Martinez supporters for wearing “Justice for Haleigh” T-shirts in court.
According to court documents, the second evidentiary hearing was held to allow the state to present evidence arguing that Hackett does not meet the standard for self-defense immunity.
This follows a first hearing on April 25, when the court ruled from the bench that Hackett met the elements of self-defense, which it later reversed after further review, ultimately dismissing Hackett’s motion to dismiss.
All Elements Are Not Met
To claim self-defense, the defendant must demonstrate that the person entered the home illegally, that the person was the initial aggressor or engaged in illegal activity, and that there was a reasonable presumption of fear.
The defendant must also demonstrate that there was a presumption that the intruder intended to commit violence or some other illegal act, and that he was justified in using force to protect himself.
In his May order denying the defendant’s self-defense, Judge Castano found that Hacket only met the first two of the five elements.
According to court documents, Hackett could not prove that Martinez intended to harm him because she could have entered the house with the intention of getting her three children, of whom she has primary custody.
The court also determined that Hackett was not justified in shooting Martinez because he was able to initially restrain her and push her out the door without using a weapon.
The judge also determined that, based on Jennifer’s description of the siblings, neither was significantly larger than the other.
Motion to Reconsider
In his motion to reconsider filed on May 19, Taylor claims the court ignored evidence indicating that Martinez did not indicate she was returning to take her children home and that they were in the care of their grandmother and getting ready for bed.
He goes on to argue that Hackett had a reasonable fear that Martinez intended to physically harm him because she returned to the house after leaving and did not explain why.
Taylor claimed Martinez assaulted and threatened Hackett before forcing her to leave the house.
What Happened That Night?
Longtime friends like Erickson, who is also her children’s aunt and was with Martinez for part of the night, believe the true tragedy is what happened to the family that fateful night and how things spiraled out of control.
She claimed that prior to the shooting, Martinez, who was heavily intoxicated and admittedly “obnoxious,” approached Erickson and Hackett to express how much she meant to them.
“She told him that he was her voice of reason, and that I was the truth,” replied Erickson.
Erickson, who had taken Martinez home for a portion of the day before dropping her off because she was pregnant and tired, feels guilty about not letting her friend stay with her that night.
Though Erickson likes Hackett, he dislikes the fact that he is now claiming self-defense and believes he should accept responsibility for killing Martinez.
Several protestors interviewed outside the courthouse expressed similar sentiments, acknowledging a shattered family and a friend and loved one who will be sorely missed. Martinez was described as a good mother and friend who was always available no matter what.
They showed up to tell her story and fight for her rights.
