Boyfriend accused of murder testifies before grand jury

Jose Manuel Funes-Zelaya is accused of killing his girlfriend Shay Martinez

Shay Martinez, seen in an undated photo provided by Gresham police, died from traumatic injuries,Tuesday, Sept. 12, 2017. Her boyfriend was arrested.
Shay Martinez, seen in an undated photo provided by Gresham police, died from traumatic injuries,Tuesday, Sept. 12, 2017. Her boyfriend was arrested.

PORTLAND, Ore. (KOIN) — After hearing from the 30-year-old man accused of killing his girlfriend last month, a grand jury handed up a murder indictment.

Jose Manuel Funes-Zelaya was one of 14 people who testified before a Multnomah County grand jury, according to court records. Funes-Zelaya is now charged with one count of murder. Robert Crow, who has been hired as Funes-Zelaya’s criminal defense attorney, declined to comment on why Funes-Zelaya opted to testify before the grand jury.

Under Oregon law, people accused of a crime can testify before the grand jury, but their attorneys are not allowed in the room and anything they tell the grand jury could be used to issue an indictment or at trial.

According to Gresham police, Funes-Zelaya had been in an intimate relationship with Shay Martinez for about 1 year. On September 10, employees at Mt. Hood Medical Center told police that Martinez had been brought to the hospital by Funes-Zelaya. She was reported to have been vomiting blood and her face and eyes were swollen.

Doctors at the hospital determined that she was suffering from significant brain bleeding and swelling. Her injuries were described as highly critical. She was transported to Legacy Emanuel Medical Center in North Portland where doctors had to remove part of her skull in order to stop the bleeding, according to court documents.

Based on the numerous other injuries on Martinez’ body, doctors were suspicious of her injuries and notified police.

Gresham police spoke with Funes-Zelaya who told them that he had picked up Martinez on September 9 around 11 p.m. and that the two drank alcohol together until they went to sleep together about 4 a.m. on September 10.

Funes-Zelaya gave detectives “multiple explanations” as to how Martinez sustained her injuries. He blamed some of the injuries on her job. He then explained the injuries from times when he grabbed her, according to court documents.

Detectives spoke with a friend of Martinez who told them that about a week prior to her death the two gathered and were talking about the relationship she and Funes-Zelaya had. The friend told police that Martinez said it was Funes-Zelaya who caused the injuries and bruising.

Funes-Zelaya told police that Martinez “must have sustained her head injuries from him throwing her 10-11 feet across his bedroom…” according to court documents.

Funes-Zelaya went on to tell police that after he threw Martinez, she started to bleed from her nose and that he cleaned up the blood with clothing and put her in bed, according to court documents. Funes-Zelaya told police he left her in bed around 5 a.m. on September 10 and did not check on her again until 3 p.m. that day. When Funes-Zelaya did check on Martinez she would not respond but did have a pulse, according to court documents. Funes-Zelaya decided to take Martinez to the hospital around 10 p.m. on September 10.

Funes-Zelaya has remained in custody ever since his arrest on September 11.

He is scheduled to appear in Multnomah County Circuit Court on Wednesday.