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Posted on Thu, Nov. 27, 2003

Suspect pleads not guilty to murder
Martinez remains held without bond after extradition from California jail
BY MEG PIRNIE
Staff Writer

A former U.S. Army private, charged with murdering a fellow soldier days after they returned from Iraq, pleaded not guilty Wednesday during a preliminary hearing in Columbus Recorder's Court. Alberto Martinez of Oceanside, Calif., 23, will remain held without bond in the Muscogee County Jail.

Martinez is accused of stabbing to death 24-year-old Spc. Richard Thomas Davis of St. Charles, Mo.

Army investigators, following leads from an informant, found Davis' charred remains Nov. 7 in a wooded area off Milgen Road. Columbus police officers responded and processed the scene for evidence.

Police officers talked to the informant and several additional witnesses, Detective Andrew Tyner said Wednesday. They then arrested on murder charges Pvt. Jacob Burgoyne of Middleburg, Fla., Pfc. Mario Naverette of San Juan, Texas, and Pfc. Douglas Woodcoff of San Antonio, Texas, all 24.

During a hearing Nov. 10, Recorder's Court Judge Michael Cielinski reduced murder charges against the three men to concealing a death.

Based on information from witnesses and two of the suspects, police took out an arrest warrant for Martinez on murder charges, Tyner said.

Martinez, whose Army enlistment ended Oct. 31, returned home to California. He was arrested by Oceanside, Calif., police, and Columbus officers retrieved him from a San Diego County jail. He arrived Tuesday afternoon after a four-day cross-country trip by car.

Martinez has not made any statements to police, Tyner said.

Burgoyne and Naverette each made official statements to officers, Detective Tony Culverson said. Naverette implicated Martinez in the crime.

"Mr. Naverette stated that (Martinez) stabbed the young man in the rib area and there was frothy blood," Culverson said.

Tyner said police had not received Davis' autopsy report and did not know his official cause of death. A knife from the area where Davis' body was found is still being processed for evidence.

Army investigators have not released additional information to local police, Tyner said.

Attorney Richard Zimmerman, Martinez's representative during the hearing, stated that Martinez said his family has hired an Atlanta defense attorney. Martinez does not know the attorney's name and has not spoken with him, Zimmerman said.

Martinez, Burgoyne, Naverette, Woodcoff and Davis all were part of the same infantry unit within the Fort Benning-based 3rd Brigade, 3rd Infantry Division that fought in Iraq.

The Army has said Davis returned to Fort Benning from Iraq on July 12. A Columbus police detective testified in a Columbus Recorder's Court hearing Nov. 10 that Davis returned July 13.

Soldiers reported last seeing Davis at the Fort Benning PX buying clothes July 14. On July 16 he was listed as absent without leave.