District court

A 27-year-old Abilene man was given probation after serving almost six months of an eight month sentence for criminal threat in Dickinson County District Court but is probably headed back Mexico.

Assistant County Attorney Daryl Hawkins said Immigration and Customs Enforcement had a hold on Oscar Roberto Martinez-Yanez, 27.

“He will almost be released immidialaty from DOC with good time credit,” said Judge Benjamin Sexton.

Martinez-Yanez was arrested Jan. 26 and originally charged with aggravated arson. In a plea agreement he entered a no contest plea to criminal threat on May 22.

The victim had accused Martinez-Yanez of taking a white object, maybe a paper towel or roll of toilet paper, setting it on fire with a Bic lighter and throwing it in a chair. Then a nearby blanket was thrown on the fire.

The victim said flames shot up two to three feet high with smoke leaving soot on the ceiling.

She said she managed to get the fire outside and the police were called.

In a letter partially read in court, the victim said Martinez-Yanez may not have been totally responsible .

“I was having a bad day. I may have done something to push him to start the fire,” Sexton said, reading from the victim’s letter. “He is not a bad person. He has a good side to him. He is a hard worker and is not mean to me unless he is drinking and he is not doing it all the time,” the letter said.

The victim said Martinez-Yanez should not be sent back to Mexico as he has been in the United States since he was a child and would not know how to live there.

“I still care a lot about this man and our time together hasn’t been all bad times,” she said. 

He was sentenced to eight months in prison but given 12 months probation should ICE not return him to Mexico.

Sexton said the court had no jurisdiction with immigration.

Contact Tim Horan at editor@abilene-rc.com.

Contact Tim Horan at editor@abilene-rc.com.

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