BENTONVILLE — Erickson Dimas-Martinez made his first court appearance in a Benton County courtroom since the Arkansas Supreme Court overturned his conviction and death sentence for the 2006 murder of a Centerton teenager.
Dimas-Martinez, 26, was convicted in 2010 in the murder of 17-year-old Derrick Jefferson.
The conviction and death sentence was overturned based on the actions of two jurors. One juror slept during the case and another violated the court’s order and communicated about his jury service via Twitter.
The case was originally heard by Judge David Clinger, but Judge Jon Comstock is presiding over the murder case. Clinger retired last year.
On Tuesday, Comstock set Dimas-Martinez’s second trial to begin Aug. 27. Prosecutors are still seeking the death penalty.
Katherine Streett, one of Dimas-Martinez’s attorneys, told Comstock she expects the mental retardation issue will come up at the second trial.
The U.S. Supreme Court has ruled it unconstitutional to execute mentally retarded individuals. The first jury did not believe Dimas-Martinez was mentally retarded.
Streett also told the court she may file a motion to move the trial to another jurisdiction because the case has gained national attention due to the tweeting juror.
She also informed the court Dimas-Martinez may not need an interpreter during the proceedings. Streett said the defense team has met with Dimas-Martinez and believes his English is adequate and an interpreter is no longer needed.
An interpreter was in the courtroom Tuesday, but her services were not used.
Comstock set hearings for 8:30 a.m. March 14 and 8:30 a.m. Aug. 8.
Dimas-Martinez is being held without bond in the Benton County Jail.
Jefferson’s body was found Dec. 30, 2006, in a driveway at 4265 N. 40th St. in Springdale. The teen had been shot once in the head.
According to court documents and witnesses, Dimas-Martinez was identified as the shooter. Uris Magana-Galdmez also was arrested in connection with Jefferson’s death.
Magana-Galdmez, 25, pleaded guilty to accomplice to murder in the first degree and aggravated robbery and was sentenced to 35 years in prison.