Anthony Martinez Sentenced for Firing Shotgun as Felon

Anthony Martinez, 37, of Winner, South Dakota, has been sentenced for firing a 12-gauge shotgun while legally barred from possessing any firearm due to a prior felony conviction. The incident, which unfolded on April 1, 2015, occurred outside a residential property where neighbors reported gunfire. Martinez was later apprehended and charged under federal law for being a felon in possession of a firearm.

The U.S. Attorney’s Office confirmed that Martinez was sentenced on February 8, 2018, by U.S. District Judge Roberto A. Lange. He received a 1-month prison term, followed by 2 years of supervised release. Additionally, Martinez was ordered to pay a $100 special assessment to the Federal Crime Victims Fund—a small but mandatory penalty in federal convictions.

Martinez was indicted by a federal grand jury on September 12, 2017, after a multi-agency investigation uncovered his unlawful possession of the weapon. He entered a guilty plea on November 15, 2017, waiving trial and acknowledging his status as a prohibited person under federal firearms laws. His admission came after forensic and witness evidence confirmed he discharged the shotgun at the scene.

At the time of the incident, Martinez had already been convicted of a felony, stripping him of the right to own or use any firearm. Despite this, he was found in possession of and actively using a 12-gauge shotgun during the disturbance. Federal authorities moved swiftly to prosecute, citing public safety risks posed by armed felons in residential areas.

The case was jointly investigated by the Federal Bureau of Investigation, the Tripp County Sheriff’s Office, and the Rosebud Sioux Tribe Law Enforcement Services—highlighting the cross-jurisdictional cooperation often needed in rural federal prosecutions. Assistant U.S. Attorney Daniel C. Nelson handled the prosecution, emphasizing the seriousness of repeat offenders wielding deadly weapons.

Martinez is required to self-report to the U.S. Marshals Service on February 22, 2018, at 2:00 p.m., to begin his custodial sentence. Failure to report would result in immediate apprehension. The case serves as a stark reminder: under federal law, a single prior felony can turn gun possession into a serious federal crime—especially when the weapon is fired in public.

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