Both defendants in a case that involved several lockdowns in northwest Emporia, including Hobby Lobby and nearby schools, have accepted plea agreements in their respective cases. However, one defendant is seeking to withdraw his plea.
Jose Omar Avelar Martinez and Jennifer Guerrero were both facing numerous drug possession charges, while Martinez also faced aggravated assault with a deadly weapon and felon in possession of a firearm, after a stay at Emporia’s Candlewood Suites in late April led to a disturbance at the hotel where Martinez allegedly pointed a handgun at a woman and used his pickup to chase her before she crashed into a retaining wall. The incident continued as the woman ran to Hobby Lobby, triggering unfounded reports of an active shooter situation and leading to short lockdowns at the business as well as Emporia High School, Emporia Middle School and Timmerman Elementary.
Martinez and Guerrero were arrested near Eureka that evening.
Guerrero pleaded to marijuana possession and received one year of probation with an underlying 6-month prison term. Martinez, meanwhile, originally pleaded to aggravated assault and felon in possession of a firearm but has filed a motion to withdraw that plea.
A hearing is now slated for 9 am Oct. 7 to determine whether Judge Merlin Wheeler will accept the plea withdrawal motion or sentence Martinez in the case.
