… When a Toenail Leads to Felony Arrests

By Will Johnson
Messenger Reporter

CROCKETT – if there was ever a doubt you should cut your toenails, an arrest early Monday morning, Oct. 16, should erase those personal hygiene misgivings.

According to an affidavit of probable cause, 19-year-old Mileena Ann Martinez was arrested and charged with assaulting a public servant after she kicked a Crockett police officer and caused him to bleed after her toenails sliced the officer’s finger.

Officer Jeffery Dean was on patrol in the pre-dawn hours of Oct. 16 when he observed a vehicle failing to stop at a designated point near the intersection of Loop 304 and U.S. Highway 287 in Crockett, the legal document reported.

In the report, it was noted the officer had “… previous knowledge that said vehicle was registered to Jason Kelley and Kelley was wanted for a felony warrant.”

Kelley was later arrested on the warrant and was also charged with possession of a controlled substance, Penalty Group One, in an amount greater than or equal to one gram but less than four grams. He is currently housed at the Houston County Justice Center and has been “no-bonded,” because of the warrant.

After Dean made contact with the vehicle, the affidavit reported the driver of the vehicle was identified as Stephen Edward Alexander, 39, from Crockett.

“Alexander told me that he did not have a valid driver’s license, the vehicle belonged to Jason Kelley and Kelley was currently located at the ‘house,’ a residence identified to be located at 605 Parkway St. Also present at t this time was a passenger, later identified to be Mileena Martinez,” the affidavit reported.

Another patrol unit arrived at the scene while Dean was searching the vehicle and after speaking with Dean, the other CPD officers left to see if Kelley was still at the Parkway Street residence.

Before conducting the search, the affidavit indicated Martinez was asked to exit the vehicle.

“After Martinez stepped out of the vehicle, I placed her in mechanical restraints, for my safety and hers, and instructed her to sit on a curb near the vehicle. While I was searching the vehicle, Martinez began to curse at a loud volume,” the affidavit stated.

The police officer requested Martinez to stop cursing “… or she would be placed under arrest for disorderly conduct. Martinez continued to curse and I placed under arrest for disorderly conduct, due to the close proximity of children and elderly people living in a nearby neighborhood, Village Way,” according to the affidavit.

Following the vehicle search, Dean instructed Martinez to stand up and when she did the affidavit indicated “… she had slipped the mechanical restraints from behind her back, (went) around her feet and relocated the restraints to the front side of her body.”

The report stated Dean instructed Martinez to place the cuffs behind her back but added at this point, Martinez began kicking the officer.

“While Martinez was kicking with her left foot, she broke the skin on my left index finger, with her toenail, causing my finger to bleed. I directed Martinez to the side of the vehicle, placing her up against the vehicle and while doing so, the skin on my right ring finger was broken which caused this finger to bleed,” the affidavit reported.

Martinez was transported to the Houston County Jail where was booked into custody on charges of disorderly conduct and assaulting a public servant.

Alexander was also arrested and booked into custody on one count of driving with an invalid license. After it was learned he had warrants for after-hours consumption of alcohol and failure to appear, he was also booked into jail on those charges as well.

Alexander posted bond on the Class C misdemeanor charges and was released.

The disorderly conduct charge levied against Martinez is a Class C misdemeanor, while the assault charge is considered a third degree felony.

According to Section 12.34 of the Texas Penal Code, “An individual adjudged guilty of a felony of the third degree shall be punished by imprisonment in the institutional division for any term of not more than 10 years or less than two years. In addition to imprisonment, an individual adjudged guilty of a felony of the third degree may be punished by a fine not to exceed $10,000.”

Martinez is being held at the Houston County Jail on bonds totaling $20,252.

Will Johnson may be contacted via e-mail at wjohnson@messenger-news.com.