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6-Year Term Ordered in ATM Holdup : Crime: Third defendant in case could be released late next year in $200 robbery that ended with execution-style slaying.

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SPECIAL TO THE TIMES

A man acquitted in September in the execution-style murder of a La Mesa man kidnaped at an automated teller machine was sentenced Friday to six years in prison for robbing the slain man.

A Superior Court jury acquitted Tyrone Lattrell Martin, 22, of San Diego in the Oct. 29, 1989, murder and kidnaping of 34-year-old Douglas Rattray.

Rattray was kidnaped at the ATM, where he was ordered to withdraw $200. He was later taken to an East San Diego construction site, where he was ordered onto his knees and then shot in the back of the head.

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Martin was convicted of robbery and conspiracy to commit robbery by the same jury that said he was not guilty of first-degree murder, a crime that could have brought the death penalty.

Martin’s attorney, George Peterson, argued Friday that Superior Court Judge J. Perry Langford should place Martin on probation so he can become a productive member of society. Langford, however, denied probation, citing the seriousness of the crime.

Langford said that, while the jury did acquit Martin of the more serious charges he faced, they found him guilty of conspiracy to commit burglary, which placed Rattray “in a very perilous situation.”

He characterized Martin as a follower in the crime spree that led to Rattray’s murder, but said that did not diminish his danger to society.

“The defendant is not responsible for the death of Mr. Rattray in criminal terms, but the conspiracy he entered into ran amok,” Langford said. “He fostered this chain of events that led to this ultimate tragedy.”

Langford gave Martin five years for the robbery and an additional year because a firearm was used. Martin was also ordered to pay $500 restitution to the court.

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Deputy Dist. Atty. Genaro Ramirez said that, with the credit Martin is receiving for time already served, he could be released as early as late 1993.

On the first day of Martin’s trial, his co-defendant, Christopher Bell, pleaded guilty to first-degree murder and was sentenced Oct. 16 to 25 years to life in prison.

One of the key witnesses against Martin and Bell was Michael Ardis Davis, who admitted he was with the two early the morning of the abduction.

In a plea bargain that spared him the possibility of receiving the death penalty, Davis received a term of life in prison without the possibility of parole in exchange for his testimony.

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