Ottawa men charged in home invasion ask judge to throw out evidence

Two Ottawa men remain set for trial later this month in connection with an armed home invasion during which shots were fired, but they first will ask a judge to throw out evidence against them.

Fernando J. Martinez, 21, and Michael Boaz Jr., 21, are charged with home invasion, a Class X felony carrying a prison term of six to 30 years with no possibility of probation. Each also would face a sentencing enhancement because police said a firearm was brandished and fired during the Nov. 2 break-in at an Ottawa residence.

Both stand trial May 20 in La Salle County Circuit Court but first will try to gut the cases against them at motion hearings set for May 15 for Martinez and May 17 for Boaz.

The defense said investigators needed a warrant before seizing pieces of evidence from Martinez at Morris Hospital, where he was treated for a gunshot to the arm. The defense also said video-recorded statements showing incriminating statements by the men was taken surreptitiously and in violation of their privacy rights.

If Chief Judge H. Chris Ryan Jr. agrees, then the video and multiple pieces of evidence could be deemed inadmissible, complicating the state’s case.

Ottawa police were summoned early Nov. 2 to the 1100 block of Pine Street in Ottawa. There, a resident reported that at least one suspect had forced their way into the home. One of the victims told police that intruders entered her bedroom, placed a gun to her head and ordered her to provide the combination to a safe, which she was unable to provide.

After hearing signs of forced entry, the victim had texted her boyfriend, and he arrived armed, resulting in an exchange of gunfire. Not long afterward, Ottawa police found Martinez being treated for the gunshot wound in Morris.

Boaz was arrested later. Boaz faces an unrelated charge of burglary for an Oct. 9 break-in at a Grand Ridge tavern and could be jailed for a profane outburst at Ryan, who held Boaz in contempt.