Deputies: Man wanted to kill ex-girlfriend, son and self

Deputies: Man wanted to kill ex-girlfriend, son and self »Play Video
Gustavo David Martinez-Aquepucho

PHILOMATH, Ore. - When Kelsey Baker told Gustavo David Martinez-Aquepucho they weren't going to get back together as boyfriend and girlfriend, he decided to kill her, himself and their one-year-old son Theo so they could be together as a family in the afterlife, Martinez told sheriff's deputies according to court documents.

The probable cause affidavit, a sworn document filed with the court to justify arresting Martinez on charges of aggravated murder, contains details of the slaying.

After deciding to kill his family, Martinez, 20, first transferred funds so he could purchase a gun, then went to a gun dealer, deputies wrote.

When he couldn't buy a gun on Friday, he told deputies he came up with a new plan.

He went to a grocery store and bought cold and flu medications.

He disguised the medicine and gave the mixtured to the 19-year-old Baker, who fell asleep.

He then put the mixture in the baby's bottle. When the baby started crying instead of sleeping, he told deputies he put duct tape over the child's mouth to keep him quiet.

He then went to Baker and cut her throat with a chef's knife. He then cut the baby's throat before turning the knife on himself, slitting his wrist.

Martinez lost consciousness and woke up on Saturday. He called 911, hoping police would kill him, according to the affidavit.

Instead, police took him into custody for investigation of murder. He was arraigned Monday on three counts of aggravated murder. The judge entered a plea of not guilty on behalf of Martinez, who appeared expressionless in court wearing a blue sleeveless vest.

Martinez is being held without bail and on suicide watch in the jail. Martinez is being represented by attorneys with experience defending death penalty cases, although the Benton County District Attorney has not yet determined whether to seek the death penalty.

His next hearing will be within the next 30 days.