UPDATE: The 13-year-old girl killed outside a Port Orchard Walmart in January was shot by the man she was with who then shot and killed himself, the Washington State Patrol said today.
“It was a murder-suicide,” said Bob Calkins, a spokesman for the State Patrol which was asked by the Kitsap County Sheriff to investigate the Jan. 23 shooting involving his deputies.
Calkins said the young girl, Astrid Valdivia, from Utah, was not struck by any of the rounds fired by a deputy who shot at Anthony Martinez, 31, after he had shot at and wounded two other deputies who confronted him the parking lot of the store.
“She was not hit by the deputy,” Calkins said. “A deputy fired shots and one of them hit Martinez in the leg and he fell. At which point Astrid ran toward Martinez. He shot her and then put the gun to his chest and fired.”
Calkins said the girl was shot twice in the chest by Martinez. She was taken to a Tacoma hospital where she died. Martinez died in the parking lot.
The two deputies who were shot were hospitalized and recovered from their wounds. The third deputy who fired at Martinez was not injured.
Initial reports indicated a Kitsap County deputy had shot Martinez and perhaps Valdivia.
Calkins said the forensic and ballistic investigation of the shooting was complicated by the fact that all the guns in the shootout were Glocks using 40 cal. hollowpoint ammunition. “It made it a little more difficult to determine who shot whom,” he said.
Though the guns were the same, the weight and brand of the ammunition were different, he explained. It was left to the state Crime Laboratory and the Pierce County Medical Examiner to pinpoint which bullet belonged to which gun.
Another factor, Calkins said, was that there was gunpowder on Valdivia’s clothing consistent with being shot at close range. The deputy who fired at Martinez was 60 feet away.
The medical examiner also found that the bullet fired at the girl entered at an upward angle from the ground which also pointed to Martinez.
In addition, video of the shooting also showed Martinez raising his arm as Valdivia came toward him. Calkins said. The video is grainy and still is being enhanced, he said.
The full investigative report isn’t quite done, Calkins said, but most of it was forwarded to Kitsap County Prosecutor Russell D. Hauge earlier this week.
Hauge shared the finding of the report Thursday with a reporter for the Salt Lake Tribune which prompted the State Patrol to comment today.
The shootout occurred about 3:40 p.m. in the parking lot outside the Walmart store. Deputies were called there about a man who appeared to be acting suspicious. A witness told The News Tribune that she saw two deputies approach Martinez, who was smoking a cigarette in the parking lot, while the other deputy drove around behind the store to approach from the other direction.
One deputy told Martinez to take his hat off. As the three walked back to a patrol car, the witness said Martinez turned and ran away, firing back at both deputies.
The third deputy saw the two deputies go down and Martinez running. The deputy fired at Martinez.
Calkins said Martinez fired 12 shots in all. He said the investigation did not include what brought Martinez and Valdivia to Port Orchjard. He did say the girl was with Martinez willingly.
POSTED EARLIER: A Utah newspaper has reported that the 13-year-old girl killed outside a Port Orchard Walmart was shot by the man she was with who then shot and killed himself.
“The investigation shows that the bullets that killed Ms. [Astrid] Valdivia and Mr. [Anthony Allen] Martinez were fired by Martinez,” Kitsap County Prosecutor Russell D. Hauge told the Salt Lake Tribune Thursday.
While initial reports indicated a Kitsap County deputy shot and killed Martinez, 31, and perhaps Valvidia, too, Hauge said the fatal bullet came from the man’s own gun, according to the newspaper story.
“Ballistics show he was struck by two different bullets,” Hauge told the newspaper. “One that struck him in the knee or lower leg, disabling him, came from [a deputy’s] weapon. There was another bullet that struck the center chest, through his heart. That bullet was recovered, and it matches the bullets fired from his own gun.”
The prosecutor said that weapon was also used to kill Valdivia.
“She was shot twice, and both shots were fired by Mr. Martinez at relatively close range,” Hauge said.
Two deputies were wounded during the Jan. 23 shootout before a third deputy opened fire, hitting Martinez, officials said.
Hauge told the newspaper he received a copy of the investigation into the shooting earlier this week from the Washington State Patrol. Hauge wasn’t in his office this morning and couldn’t be reached for an immediate comment. A spokeswoman in his office said the Washington State Patrol is expected to release public comment on their investigation today.