New Mexico
Judge drops most serious charge against former Albuquerque firefighter
The trial for Anthony Martin and Aiden Heyman is underway. They’re accused of raping a woman in 2023.
ALBUQUERQUE, N.M. — A judge dropped the most serious charge one former Albuquerque firefighter faced prior to Monday in an ongoing rape trial.
Anthony Martin had faced a charge of rape for an incident in 2023. The alleged victim took the stand last week and said Martin and two other former firefighters, Aden Heyman and Angel Portillo, took turns raping her in an apartment.
After the state rested its case, however, the defense pushed for the judge to rule on the evidence to dismiss charges. After hearing arguments from prosecutors and the defense today, Judge Britt Baca sided with the former firefighters’ attorneys.
“There’s simply no evidence that has been presented to the court in a light most favorable to the state to support a verdict that Mr. Martin helped, encouraged or caused the crime to be committed,” the judge said.
Martin now faces a lesser charge of attempted rape. Heyman still faces the rape charge. However, the judge dropped his aiding and abetting charge.
Prosecutors are trying Portillo separately.
MORE: Trial resumes for former Albuquerque firefighters accused of rape