Comanche County jury finds Texas man guilty of sexual assault

A Texas man was found guilty of sexually assaulting a woman and punching another to a state of unconsciousness following a trial Thursday.

Following a little over a half-hour of deliberation, the Comanche County jury, comprised of eight women and four men, found Billy Joe Martin, 51, of Cooper, Texas, guilty of a felony charge of sexual battery and a misdemeanor count of assault and battery.

The jury recommended Martin serve the maximum sentence for the felony and another 90 days in the Comanche County Detention Center as well as a total of $6,000 in fines.

Martin was arrested in April 2023 after police were called to the Hilton Garden Inn parking lot, 135 NW 2nd. One woman was found barely conscious in the front seat of a pickup with blood on her mouth, according to testimony. Another woman near the truck was visibly upset with blood on her face.

Two witnesses who had called 911 testified that Martin was seen hitting, punching and slapping the woman inside the trucks. Witnesses said Martin was seen grabbing the other woman by the hair multiple times and pulling it.

The second woman testified that Martin shoved his hands into her pants and sexually assaulted her. She said he was “violently” and aggressively kissing her after she tried to push him away.

Defense attorney Samuel C. Endicott, of Oklahoma City attempted to question the women’s testimony regarding the events of April 24, 2023. He also claimed there was no medical documentation of the women’s injuries.

Martin next took the witness stand where his lawyer led him through the events. Martin said he and the women had been out drinking and claimed the first woman, who was 19 years old at the time, had fallen face first at a bar which caused her injuries. He claimed the second woman instigated any intimate contact.

“She embraced me, kissed me and I pushed her away,” he said.

Martin claimed the woman he’d kissed was on probation and wasn’t supposed to be drinking. When learning the witness had called 911, he claimed she “started panicking” and made up the story of the sexual assault.

When speaking with Marcus Rucker, Martin said he, too, panicked.

“When I was told I was being charged with rape … I said I was scared and I needed to talk to a lawyer,” he testified.

Upon cross-examination by District Attorney Kyle Cabelka, Martin was reminded that in the video of the interview, he’d not said such a thing.

“At no point did you ever ask for a lawyer,” Cabelka said.

Martin replied: “No sir … you’re right.”

Cabelka countered Endicott’s claim there was no medical documentation of the women’s injuries by bringing out a photo from evidence of the woman with the bloodied face that was taken at the hospital.

The district attorney confronted Martin’s conflicting testimony.

“Dis you lie to the police or lie to the jury?” Cabelka asked.

Martin responded: “I said what I said because I was scared.”

Cabelka challenged Martin that he made up his side of the story after 16 months to think about it and that it countered all the testimony and evidence.

“Everything you said is different than all the other witnesses,” Cabelka said.

Martin responded the same mantra three times: “I just want them to believe the truth.”

On redirect with Endicott, Martin spoke of the intimate contact with the second woman and conceded some things.

“We should have never kissed,” he said. “I guess it was consensual at first.”

Cabelka had one last question for Martin on the final redirect:

“Do you understand if you’d have answered any other way that would be admitting sexual assault?”

Head bowed, Martin answered: “Yes sir.”

Martin, who has been free on $25,000 bond was remanded into Comanche County Detention Center custody. After requesting a pre-sentencing investigation, he will be formally sentenced within 45 days.