Cheyenne County Attorney Paul Schaub says he will seek the death penalty against 53-year old Larry Martinez for the July murder of his ex-girlfriend, 30-year old Mandy Kershman.

Schaub used a suppression hearing yesterday spelled out his intentions with an amended 1st-degree murder complaint, saying he spent 4 months studying the aggravating and mitigating factors in the case before deciding they justified the death penalty.

Citing several of the aggravating factors laid out in state law, Schaub said Martinez used “deliberate and premeditated malice” against Kershman, and was “previously convicted of a crime involving the use or threat of violence to the person, or has a substantial prior history of serious assaultive or terrorizing criminal activity.”

Martinez has an extensive criminal record, dating back to arson and probation violation when he was just 18. He’s been convicted 11 times since moving to Nebraska in 1988…most of them in Cheyenne County…and has served multiple prison terms in both Nebraska and Illinois.

Cheyenne County District Judge Derek Weimer then gave defense attorney Kelly Breen 3 weeks to file a brief in response. After that, Schaub will two week to respond to Breen’s brief, followed by another week for Breen to file his final response.

Martinez is charged with 1st-degree murder and use of a weapon to commit a felony in killing of Kershman after she let him into a Sidney home. Police say Martinez shot Kershman because he was angry over a text message from her.