Lorain man charged in April 30 killing; attorney calls it self-defense

A Lorain County grand jury has indicted a Lorain man on charges he shot and killed another Lorain man in April. The defendant's attorney said Monday that the shooting was in self-defense after the alleged victim attacked him. Joshua Martinez, 24, of East 35th Street, is charged with murder, felonious assault, tampering with evidence, and possession of criminal tools, all felonies, and misdemeanor charges of using weapons while intoxicated, aggravated menacing and criminal trespass, according to his indictment, handed up in Lorain County Common Pleas Court. Attorney Kenneth Lieux, who is representing Martinez, said Monday that the case is "pretty clear, cut-and-dried" one of self-defense. He said his client will be arraigned in court on Thursday. Martinez turned himself in at the Lorain County Jail on May 2 after being named as a suspect in the killing of 37-year-old Gerardo Massari. Lorain police identified Martinez as a suspect and got a warrant for his arrest after Massari was shot in an alley in the 1200 block of Oberlin Avenue sometime around 11 p.m. April 30. Massari died at Mercy Health Hospital in Lorain, police said. Lieux said testimony at a preliminary hearing in Lorain Municipal Court "clearly established self-defense." Though he hasn't seen toxicology test results from Massari's autopsy, Lieux said both men had been drinking at a party. He said the two men argued, Massari attacked Martinez and was on top of him, trying to take Martinez's gun when it went off. Born in Puerto Rico, Massari loved motorcycles, gardening and BBQ, according to his obituary. "Most of all he enjoyed spending time with his family, whom he adored," the obituary said. He was survived by his life companion, Daiana Ruiz Mercado; seven children; his mother; two siblings and extended family, according to his obituary. Contact Dave O'Brien at (440) 329-7129 or dobrien@chroniclet.com or on Twitter @daveobrienCT.