BILLINGS — A 16-year-old boy was sentenced on Friday to serve prison time at the Pine Hills Correctional Facility in Miles City until he turns 18, following his conviction for negligent homicide in Yellowstone County District Youth Court.
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The teen, whom MTN News is not naming because he is a juvenile, shot and killed 12-year-old Andy Paul Bear Tusk Martinez in early 2024.
The incident occurred in February of last year when Martinez was accidentally shot in a bedroom with three other teens present. According to prosecutors, the gun, which was being handled by the now-16-year-old, discharged, fatally striking Martinez in the head. The body of the young boy was then hidden in a shed wrapped in blankets on the property of a home on the 900 block of Terry Avenue, where he remained for weeks before being discovered by law enforcement.
Martinez's body was found on March 15, about three weeks after his death.
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After serving time at the youth facility, the teen will then be placed on probation until he turns 18. He could face an additional 15 years in prison if he violates probation before he turns 25.
Along with the 16-year-old, his brother, a 13-year-old boy who was also present during the incident, was charged with tampering with evidence and will remain at Pine Hills until he turns 18.
"This decision, which you made to go along with your brother and hide Andy's body, is reprehensible," said Judge Donald Harris during sentencing on Friday. "When you asked to handle a pistol, you didn't check to see whether it was loaded, and then you played with the trigger. That is incredibly negligent."
The sentencing brings closure for the Bear Tusk and Martinez families, but the emotional scars from the tragedy remain. Emotions for the family were high Friday morning at the courthouse as multiple family members took the stand to address the teen responsible for Andy Martinez's death.
“You wrapped my son up, and threw him in that shed like garbage, bro, like garbage,” his father Richard Martinez said on the stand. "What was Andy's last words? What did he tell you? Did he tell you, 'sorry?' Did he say he loves his mom or his dad? What was his last words? Only you and (the 13-year-old) know his last words. I will never know that."
His sisters, Kyesha and Laila Bear Tusk, shared the grief and pain that continues to overshadow their lives one year.
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“It's went by so fast. I don't even feel like it's been a year," said Kyesha. “Honestly, it's like words can't express how hard, how lonely, and just, it's like probably everything and nothing all at the same time."
Their lives have been marked by a mixture of pain, confusion and anger. Despite what prosecutors say, the family believes the shooting was not accidental. The teens had failed to report Martinez's whereabouts prior to the body's discovery.
“I just don’t buy it, considering he was missing for three weeks," said Kyesha. "Everything they did afterwards and how they played it and how they made it seem like they didn't do anything is their true intentions when they did have that gun in their hand."
“They did something so unspeakable. They didn't deserve to know Andy, who he thought he could trust," added Laila. “I'm frustrated with them thinking they can get away with it. We knew the whole time where he was. They lied to us every time, to police every time.”
Related: Family of killed 12-year-old said they have reason to believe it was no accident
Kyesha and Laila emphasized that while Martinez had been caught up in the wrong crowd, he was a good kid. He was planning on moving back to California where his father lives, who said in court on Friday that his son was involved in sports and had good behavior back home.
“Those boys he was hanging out with are obviously bad, but Andy wasn't bad. He was in the wrong crowd and that's why he was going home," said Laila.
Over the year, the family has had to come to terms with the fact that their son and brother is gone. In the wake of the tragedy, they have found solace in being together, supporting one another through their grief. Laila brought all her siblings back under the same roof to start healing together.
“Eventually one day they'll have their own lives and I just wanted to be there for them in this time because I know I need it too," said Laila.
The sisters say they will remember their brother as a funny, kind, and smart kid.
"He was just a beautiful, kind soul and like, I'm not gonna forget that," said Kyesha. "I just had a daughter too and I had named her Andilina, so in a way, she kind of reminds me of him in a way. It's so crazy. I just want people to remember that smile in those big eyes.”
As they reflect on their year of loss, they said they will fight for the future Martinez should have had.
“Andy’s gone, but we’re his voice, and as long as we're here and I'll make sure my brother tries to get the justice he deserves because he should be here," said Laila.
