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Ex-con arrested on White City weapons charge

A Medford man who served time in prison for a drive-by shooting faces a new felony weapons charge accusing him of handling a stolen firearm while filming a rap video in a White City house where a police shooting later occurred.

Toby Alexander Martinez, 30, faces a string of felony charges following an investigation that stemmed from Martinez’s alleged involvement in a rap music video filmed Dec. 2, in the 2500 block of Agate Meadows.

Martinez was allegedly filmed handling a Beretta Px4 .40-caliber handgun, according to court documents filed by Medford police in Jackson County Circuit Court. Sometime after filming wrapped, police say, the handgun was reported stolen.

On Monday, Medford police searched for the stolen gun in Martinez’s home in the 3000 block of Palmyra Street and his 2013 Dodge Challenger.

Although the gun was not found, police say they found “over a half pound” of heroin and more than an ounce of cocaine in Martinez’s bedroom and bedroom closet, along with a Taurus 9mm pistol and $1,452 inside his car.

Martinez is not allowed to possess firearms because he is a convicted felon, according to court documents.

He was sentenced to prison in 2014 for attempted murder for pulling the trigger in a March 8, 2013, drive-by shooting on Bryant Street in Medford, and for delivering more than a quarter pound of methamphetamine in 2012, according to court records and an earlier news report. Police and prosecutors at the time described Martinez as a Norteño gang member.

A Jackson County grand jury Thursday indicted Martinez on two counts of felon in possession of a firearm, along with charges of delivering and manufacturing heroin and cocaine and delivering and manufacturing heroin in a school zone, because Martinez’s residence is less than 1,000 feet from Orchard Hill Elementary School.

The Jackson County District Attorney’s office intends to seek stiffer penalties on the drug charges because of Martinez’s alleged “persistent involvement” in drug crimes, and because the crime occurred while he was on post-prison supervision, according to a Thursday filing by Senior Deputy District Attorney Alyssa Claseman.

On Friday, Martinez was being held in the Jackson County Jail without bail, records show. His next court appearance is scheduled for Feb. 22.

On the day of the Dec. 2 video shoot that sparked the case, a sheriff’s deputy shot a man identified as a bystander, according to an earlier report. The shooting was later ruled justified by a grand jury.

Dep. Trevor Waldeyer was originally dispatched to the White City property for a parking dispute, but at the front door Waldeyer allegedly encountered a man identified as Anthony James Hales, 25, armed with an Anderson Manufacturing AM-15 and wearing body armor.

During the roughly 16-second encounter, an intoxicated man attempted to disarm Hales before Waldeyer’s shot directed at Hales instead struck the intoxicated man in the leg.

A Jackson County grand jury charged Hales in late December with unlawful use of a weapon and menacing.

Josephine County Circuit Court records show that Hales was charged with second-degree robbery, first-degree burglary and first-degree theft surrounding a Jan. 1 incident in which Grants Pass police allege Hales entered an occupied home on Azalea Drive in Grants Pass, demanded property and made death threats while armed with a firearm.

He was released that week on $1,000 bond, court filings show, but was arrested again Jan. 30 on charges of third-degree rape and third-degree sodomy accusing him of engaging in sex acts at a Grants Pass motel with a 15-year-old girl.

On Friday, Hales was held in the Josephine County Jail on $100,000 bail.

Reach reporter Nick Morgan at 541-776-4471 or nmorgan@rosebudmedia.com. Follow him on Twitter @MTCrimeBeat.

Toby Alexander Martinez, 30, is accused of handling a stolen firearm during a music video shoot in White City that later escalated to a deputy involved shooting. Martinez has prior attempted murder and drug convictions. Jackson County Jail booking photo