A Leesburg, Virginia, man was sentenced to three years in prison after firing gunshots at an apartment after an argument over a video game console.
Emerson Josue Martinez Alvarenga, 20, pleaded guilty to one count of maliciously shooting at an occupied building, two counts of possession of a firearm by a noncitizen not lawfully present in the U.S. and two counts of brandishing a firearm.
During the sentencing hearing on Dec. 12, Judge Thomas Horne called Martinez Alvarenga’s actions “outrageous.”
“The egregious nature of the conduct of your behavior justifies a punishment that exceeds the guidelines,” Horne said.
According to prosecutors, on June 29, 2023, Martinez Alvarenga attempted to enter the apartment of a teenager with whom he had been having a dispute over a video game console.
After the teen refused to open the door, Martinez Alvarenga called him before a “pop” sound was heard. Investigators said a bullet “pierced an exterior wall of the apartment” and traveled into the bedroom before hitting a pillow. The teen called for help and hid until officers arrived.
An investigation into the shooting found two additional instances of Martinez Alvarenga “brandishing” a firearm, leading to arrest warrants being issued. When Martinez Alvarenga was arrested, officers found a firearm in his home.
Senior Assistant Commonwealth’s Attorney Anna Hammond argued during the sentencing hearing Dec. 12 that Martinez Alvarenga’s actions were enough to give him a punishment above the guidelines.
“The facts are egregious. He shot into a bedroom over a video game,” Hammond said.
Hammond added that Martinez Alvarenga “terrorized” the Leesburg community with two other individuals for a period of six weeks between May and July of 2023, which included multiple shooting incidents. At the time of his arrest, Leesburg police said Martinez Alvarenga had been connected with La Mara Salvatrucha, also known as MS-13.
An attorney representing Martinez Alvarenga argued for less time since his client would not be able to remain in the U.S. and would be returning to El Salvador to serve more time in jail because of his record.
However, Horne said one year and four months does not “do justice in this case.”
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