Comanche County Jury to decide 2022 murder case

Tuesday’s testimony of a man accused of killing another man in 2022 over a perceived slight from a joke about a stolen lighter offered insight into the mind of the man on trial.

John Benge Bourne, 35, of Lawton, is on trial in Comanche County Chief District Judge Grant Sheperd’s court for felony counts of second-degree murder for the April 10, 2022, shooting death of Ian Martinez.

A jury of seven men and two women, with two female alternate jurors, is weighing the evidence.

Several people were at Ian Martinez’s home at 219 SW 23rd Place the morning of April 10, 2022, while he received a tattoo. After seeing his blue torch lighter in one woman’s possession, Alexis Salinas testified in Bourne’s preliminary hearing that Bourne had taken it earlier; she, along with the other people at the home have declined to testify in the trial. Ian Martinez and Lorenzo Martinez called Bourne saying they’d “slapped around” the woman because of the lighter until she said Bourne took it. Lorenzo Martinez had previously told investigators he was joking. Salinas testified she told Bourne that she was OK but he remained upset.

A short time later, banging was heard at the front door and Bourne announced he was outside, according Salinas’ testimony. He came in, and was described as being visibly upset when he pointed a handgun at Ian Martinez. She said she attempted to prove to Bourne she wasn’t slapped or injured.

Bourne turned to leave the home and once outside the home, the witnesses told Lawton Police Detective Abe Woelfel that Ian Martinez reached for the gun when Bourne pulled the trigger, striking Martinez in the neck with a bullet. Lorenzo Martinez told police Bourne fled in his vehicle while Ian Martinez collapsed, dying in his front yard.

Melinda Miller came from Pensacola, Fla., to testify about what happened after the shooting. She and Bourne had a “casual friend relationship” that resulted in them having a son together.

Miller spoke of receiving a text from Bourne the morning of April 10, 2022, and him asking if he could come over to her home. She said she’d thought it was weird as he’d only been to her home once before. He told her “He needed to get away,” she said. She didn’t ask why and when he got her keys, he was with his ex-wife, Marissa Bourne.

Miller arrived to her house where, she said, she could tell Bourne he was “stressed.”

“You could just visibly see it,” she said. “He was sweaty … very tense, just tense.”

At the house, Bourne had brought a backpack. While he showered, Miller said she was “nosy” and she looked inside. There was clothing, a lighter and a gun, she said. It distressed her as she has a prior conviction and children in the house.

“He brought a gun to my house and I’m a convicted felon,” she said.

Bourne wouldn’t tell her what happened until the next day when she got off of work. He’d ridden with her son-in-law to pick her up and they’d gone to a medical marijuana dispensary; he had a medical marijuana card. While inside, Miller scrolled the Lawton Grapevine on Facebook and saw that Bourne was wanted for Ian Martinez’s shooting death.

“I just couldn’t breathe,” she said.

Once back at her house, Miller told Bourne, “You need to tell me what the (expletive) is going on.”

Bourne told her about the lighter situation and that he’d been upset that Salinas had been hit, he thought, according to Miller.

Miller testified Bourne told her Ian Martinez came at him and that he’d been aiming the .22 caliber revolver above the man’s shoulder when he pulled the trigger. Instead of scaring Ian Martinez, the bullet killed him.

Bourne said he would turn himself in but first he wanted to spend time with his children. The next day, he went to the Wichita Mountains with Marissa Bourne and his children before returning to Miller’s. She testified later that day, she was taking him to meet Marissa Bourne and the kids at Elmer Thomas Park.

While leaving her home at 901 NE Tortoise Drive, Miller said three unmarked vehicles began to follow. They were pulled over before making it to the park and Bourne was taken into custody. He went willingly, she said.

When arrested, according to testimony from Detective Jeff McCoy, Bourne said he acted in “self-defense” in shooting Ian Martinez.

Before Bourne’s arrest, Woelfel testified he was executing a search warrant at Marissa Bourne’s home when the wanted man called her. It was captured on police body camera video. Bourne said he would turn himself in, but not that day. He also claimed he’d shot in self-defense.

“I’m telling you, what happened is what happened,” Bourne was heard telling Woelfel. “I know I was right. … I protected myself.”

“OK John, then we’ll see you when we see you,” Woelfel replied when Bourne again said he wasn’t turning himself in yet.

Woelfel spoke of the disparity in some of the stories from those at Ian Martinez’s home but that the facts lined up that Bourne killed Ian Martinez. He said the facts don’t point to self-defense.

“From my investigation, he did not (act in self-defense),” he testified.

In cross examination, Bourne’s attorney, Deborah Maddox attempted to spotlight discrepancies in the witness statements to Woelfel. She attempted to bring prior gang affiliation by Ian Martinez and Lornezo Martinez into the story, however, Woelfel said that had nothing to do with the fatal event.

“He (Lorenzo Martinez) was there when it happened,” he said. “There is no evidence in this case that this was gang-related.”

Maddox also cited information that Ian and Lorenzo Martinez had used methamphetamine earlier in the day of April 10, 2022, insinuating that Lorenzo Martinez’s statements could have been tainted by the drug use. She also argued the jury was being cheated of hearing testimony and seeing the people in the house testify.

Finally, Maddox attempted to get the detective to concede that Bourne may have acted out of self-defense when he pulled the trigger.

“Isn’t it true there’s evidence consistent that John Bourne killed Ian Martinez in self-defense?” she asked.

“The evidence is consistent that John Bourne killed Ian Martinez,” Woelfel said.

Testimony will resume this morning.