SALT LAKE COUNTY, Utah, April 15, 2022 (Gephardt Daily) — Charges were filed Friday morning against two men who allegedly participated in shootings at an Airbnb in Draper earlier this month, according to the Salt Lake County District Attorney’s Office.
Ashtyn Ernesto Ortega, 18, of Herriman, is facing charges of two counts of murder, first-degree felonies; three counts of purchase, transfer, possession, or use of a firearm by a restricted person, third-degree felonies; and one count of a controlled substance with intent to distribute, a third-degree felony.
Daniel Martinez, who turned 18 this month, a resident of Lehi, is facing charges of two counts of aggravated murder.
The Salt Lake County District Attorney’s Office reminds the public in the news release that the charges are allegations, and the suspects are presumed innocent until proven guilty in a court of law.
A probable cause affidavit filed in 3rd District Court in Salt Lake states that at about 1 a.m. April 3, officers responded to a report of shots fired at 11464 S. Cranberry Hill Ct. in Draper, where they found victim Austin Powell dead. Powell was lying near a 2020 Tesla with bullet holes in the windshield and other parts of car.
A second gunshot victim, later identified as Jonathan Fuentes, was transported to Intermountain Medical Center in Murray with a gunshot wound to the head, the affidavit says.
Fuentes was walking behind the Tesla when the shots were fired. At the hospital, he was pronounced brain dead and died later that day.
The Draper home was listed on Airbnb as a rental. A party was being held there, and the manager of the Airbnb “went to the residence just before the shooting to shut down the party,” according to the statement.
Doorbell video footage provided by the manager captured about 10 loud bangs that apparently were gunshots.
“A witness recorded the incident via video on his phone which was provided to detectives. In the video, the shooter skipped or jumped around as he fired off rounds toward the direction where the Tesla was parked,” the statement says.
Multiple 9mm bullet casings, 9mm full metal jacket bullets, and an empty tan-colored 9mm Glock magazine were collected on scene.
Case against Daniel Martinez
Police say that a confidential source, referred to in the document as CS, identified the shooter as Daniel Martinez, who goes by the name “Felon.” The confidential source also was familiar with Ashtyn Ortega.
CS told officers they were at the party, and the manager of the Airbnb asked everyone to leave. Martinez and the Tesla driver, Austin Powell, got into an argument, and Ortega pulled a gun out of his waistband and gave it to Martinez, who then shot Powell and fled the scene, according to CS.
“Detectives were able to confirm the details of the statement the confidential source provided were true and correct,” the affidavit says. “This statement was verified by video evidence, other witness statements, social media messages and text message content.”
Case against Ashtyn Ortega
Ashtyn Ortega was arrested at his residence on April 7.
Evidence seized from Ortega’s residence included a tan Glock magazine, marijuana edibles, raw marijuana, an AR 15 pistol, a Sig Sauer P365, paraphernalia, and .223- and 9mm ammunition, the probable cause statement says.
After being Mirandized, Ortega told police he went with Martinez and two other friends to the Draper party, which ended when the homeowner arrived and kicked everyone out.
“While out in the street beer bottles were being thrown in the street,” the statement continues. “At this point, Martinez asked Ortega to hand him his gun, which was a Glock 19x, sand color. Ortega identified Martinez as the one who fired the shots. Ortega also admitted to owning an AR-15 pistol and having it in his residence.”
When Martinez was taken into custody, a search of his residence turned up a Canik 9mm gun case, an empty Glock 17 gun case, an American Eagle 9mm box of ammunition, and loose 9mm ammunition.
Post-Miranda, Martinez said he was at the party and was throwing beer bottles on the ground just prior to the shooting. Initially, he denied knowing anything about what caused the shooting; however, he later “admitted that Ortega may have been carrying a gun, but Martinez did not know who was shooting. A few minutes later, Martinez indicated Ortega was the shooter,” the document states.
Autopsies on victims Powell and Fuentes, conducted by the Utah Office of the Medical Examiner, preliminarily determined that each man died from a gunshot wound and their manner of death was homicide.
Both Ortega and Martinez were booked into jail on no-bail holds.
