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'Shoot 'em all'

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region Park Rapids, 56470
Park Rapids Minnesota PO Box 111 56470

A Grafton, N.D., man is accused of encouraging another man -- who was pointing a handgun at a number of people -- to "shoot 'em all," according to court documents.

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Joseph Julian Martinez, 22, is charged with solicitation of murder, a Class A felony that court records define as "commanding, entreating or otherwise attempting to persuade another person to commit the felony of murder."

Martinez and four others reportedly went to a Grafton residence to fight with a man in September. During the fight, Michael Garcia, one of the men with Martinez, pointed a semi-automatic handgun at several people, and Martinez yelled, "Shoot 'em all," court documents state. Garcia allegedly fired the gun three times at the residence.

In addition to solicitation of murder, Martinez faces a count of conspiracy to terrorize or an alternative charge of conspiracy to commit reckless endangerment. Garcia faces a charge of reckless endangerment and two counts of terrorizing. All are Class C felonies.

Martinez, who has pleaded not guilty to the charges, is scheduled for a change of plea hearing Feb. 23. Garcia is slated for a pretrial conference March 17.

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