The man convicted of killing his 12-year-old grandson with a sledgehammer has been sentenced for the August 2021 death of Andre Smith.
Andrez Martina will spend the rest of his life in prison.
“What he did was unspeakable, unthinkable and unbelievable to do to a child,” said Illysha McCroy, Andre’s grandmother.
Prosecutors said Martina attacked Smith because he thought the boy stole money from his wallet.
Martina claimed the boy pulled a gun on him. Prosecutors said Smith’s injuries were too extensive for Martina to claim self-defense.
“I’m profoundly sorry that I wasn’t able to control my panic and anxiety,” Martina said.
Martina was convicted in May of first-degree intentional homicide.
The judge called his acts deliberate and sentenced him to two life sentences plus 23 years in prison.
“This is the most, one of the most, I wish I could say the most, one of the most aggravated homicides that I’ve dealt with, and I’ve been in this area of practice for almost 38 years Mr. Martina,” Milwaukee County Judge Stephanie Rothstein said last month.
Martina was also convicted and sentenced for attacking Andre’s 8-year-old brother who survived.
“I’m very happy that the judge saw through that horse (expletive), and I’m glad that she called him out and she gave him the proper sentence,” Andre’s mother, Nakeda Martina said.
Martina had recently relocated from Indiana back to Milwaukee so that he could “reconnect” with his two grandchildren. He asked the boys’ grandmother and legal guardian, Illysha McCroy, if the kids could sleep at his home on the evening of Aug. 28, 2021, and she agreed.
The next morning at 8:24 a.m. Martina sent McCroy a text message accusing his 12-year-old grandson of stealing money from him. When McCroy asked where the boy was, Martina allegedly responded, “he’s bleeding.”
SEE ALSO: Grandfather Convicted In Beating Death Of His Own 12-Year-Old Grandson With Sledgehammer In Wisconsin
A “panicked” McCroy then woke up her daughter, Nia Moore, and her boyfriend, Anthony Anderson, both of whom live with her, and told them to go pick up the boys right away, according to court documents.
Upon arriving at Martina’s home, Moore knocked on the door, which the 8-year-old boy opened, the filed complaint stated. The younger victim then immediately ran to the car. Anderson told police that Nia walked into the home and shouted, “Oh my God, you are going to jail for this,” before telling Anderson to go into the house.
“As Anthony walked inside, he observed [Martina] dragging [Andre’s] body from the bathroom into the kitchen,” the complaint states. “There was a large amount of blood and what appeared to be brain matter on the kitchen floor and walls. [Martina’s] entire body was covered in blood. [Andre] appeared unconscious. [Andre’s] head looked ripped open with the skull exposed. Anthony took his shirt off and wrapped it around [Andre’s] head.”
The couple rushed the children to Saint Joseph’s Hospital where Andre later died. His younger brother was treated for lacerations on his head, a fractured finger, and “bruising to his body consistent with child physical abuse.”
Investigators interviewed the younger brother who told them his grandfather “was angry about missing money” and said that when he could not find it, he started to strike him and his brother “in the head with a mallet, a sledgehammer, and a coat rack.”
“[Martina] picked [Andre] up, choked [Andre] with a belt, and then threw [Andre] into the wall, causing [Andre] to bleed a lot. The defendant took a cane and began to strike [Andre] and [his younger brother] in the head with the cane,” the complaint states.
Andre’s younger brother also allegedly told police that Martina’s mother, Cassandra Martina—the child’s great-grandmother—was present and witnessed the gruesome crime. The complaint noted that she is disabled and was unable to intervene.
SEE ALSO: Wisconsin Man Accused Of Beating His Own Grandson To Death With A Sledgehammer
“The defendant struck [Andre] with a mallet to every part of [Andre’s] body,” the boy allegedly told police, according to the complaint. “[Andre] was bleeding on the ground from the defendant’s actions when the defendant stomped on [Andre’s] stomach. The defendant also used a sledgehammer to strike [Andre]. After beating [Andre] incessantly, the defendant carried [Andre’s] body into the bathroom and attempted to rinse the blood off in the shower. [Andre’s] body would not stop bleeding.”
Cassandra Martina allegedly told police that she was awakened by her son viciously beating her great-grandchildren, confirming that he used a hammer and a cane in the attack, which she said lasted for “an hour to an hour and a half.”
An autopsy conducted by the Medical Examiner for Milwaukee County determined that Andre’s skull was “severely fractured, consistent with multiple blunt force blows to the head.” The ME also found that Andre also suffered “severe injury to the brain,” and “trauma to the back, including hemorrhaging around the kidneys.”
Investigators said that during an interview following his arrest, Martina admitted to beating his grandson—at one point saying the child “knew” he was “going to kill his ass.” He also allegedly said that he didn’t remember using a sledgehammer in the attack, but added that “he was told by his mother that he did.”
“During the interview, [Martina] admitted to killing a boy in 1989 and said he wanted to talk with police as the defendant has nothing to hide,” the complaint says. “The defendant believed the entire incident lasted from 3:00 AM until well after 8:00 AM.”
Martina previously served a 4-year prison sentence after being convicted of homicide by reckless conduct in 1990.
Martina’s attorney said his client is no longer communicating with him but has indicated he plans to appeal his conviction.
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