Tom Martino was arrested late Friday night for assaulting his ex-wife, Holly Martino. Today, new reports were released detailing the alleged domestic violence incident. Martino was driving near I-25 and Auraria Parkway when he and Holly got into an argument. Martino had stopped the car and Holly tried to get out, but Martino prevented her from doing so. Martino then punched Holly in the face, giving her a bloody nose.
While Martino refused to give a statement to the Denver Post, he did make a statement on Facebook. In that statement, he indicated that both he and Holly had been drinking too much and they were both inadvertently injured. The police have not indicated whether Martino performed any sobriety tests, but the lack of a DUI charge suggests that either sobriety tests were not requested or Martino passed any requested tests.
Martino was previously charged for harassment in Douglas County, but that case was dismissed. Generally, previously dismissed charges cannot be used against a person, but in certain instances, prosecutors may attempt and succeed in using such evidence. This evidence is called “similar acts evidence.” The prosecution must meet certain legal criteria before a judge can legally allow such evidence to be used against a person, but in domestic violence cases, the law makes it easier for the prosecution to meet that criteria than in other types of cases.