Man accused of killing KY teen who intervened in mom’s sexual assault has ICE detainer

The man accused of shooting and killing a 15-year-old Rowan County boy who intervened in the sexual assault of his mother has a federal immigration detainer, Rowan County jail officials said Tuesday.

The detainer means federal officials have probable cause to suspect someone is in the U.S. illegally, and they can be turned over to Immigration and Customs Enforcement when their case is resolved.

Jail officials said ICE had been in contact with them about the suspect, 36-year-old Gildardo Martinez. ICE officials did not immediately respond to a request for comment Tuesday, but the agency’s website outlines when and how such detainers are issued.

Fifteen-year-old Luis Jocsan Nanez Lopez, was shot and killed early Sunday after he intervened when his mother was being sexually assaulted by her boyfriend, Martinez, according to court documents.

Luis would have been a sophomore at Rowan County High School this year, said county coroner John Northcutt.

Luis’ juvenile sister was also shot and injured. Her age was not available.

Martinez was charged with murder, first-degree assault and attempted rape. Court documents say after returning from a bar, he attempted to have sex with his girlfriend without her consent, and she screamed while trying to stop him.

Luis then came into the room and asked his mother if he should call the police.

Martinez told Luis to leave, and Luis’ mother said they would talk about it in the morning, according to court documents. The situation seemed to deescalate, and Martinez grabbed a suitcase to leave the apartment in the 400 block of West Sun Street.

But then, court documents say, Martinez grabbed a pistol and fired through a door three times, hitting Luis and his sister.

Luis was shot in the face and declared dead at the scene.

The mother fled the apartment with her three other children, including a 1-year-old and a 3-year-old. She told police she heard several more gunshots while running away.

The daughter was taken to the University of Kentucky Hospital, according to a police citation. Her condition was not available Tuesday morning.

Martinez ran from the home and was arrested about 12 hours later in Morehead. He is being held on $1 million bond at the Rowan County Detention Center.

In a Tuesday afternoon post on X, formerly Twitter, U.S. Rep. Andy Barr, a Republican from Kentucky, said Martinez was in the country illegally.

“Crimes like this horrific murder are EXACTLY why I’ve voted to support President Trump and fund the largest deportation operation in American history. I won’t stop fighting to seal our border,” Barr said on X.

Rowan County District Judge William Roberts, who is presiding over the case, did not immediately return a request for comment on the case.

Martinez’s only previous criminal history was in 2023, when he was pulled over for driving with an expired temporary tag in Jefferson County, according to court records. He told the officer he did not have a driver’s license or an insurance card, and he was ultimately found guilty only of an amended charge of driving without a license.

The judge presiding over the traffic case, Jefferson County District Judge Karen Faulkner, also did not immediately return a request for comment Tuesday.

Staff writer Christopher Leach contributed to this report.

This story was originally published July 22, 2025 at 11:18 AM.