Estimated read time: 2-3 minutes
This archived news story is available only for your personal, non-commercial use. Information in the story may be outdated or superseded by additional information. Reading or replaying the story in its archived form does not constitute a republication of the story.
SALT LAKE CITY — A Herriman man pleaded guilty Monday to manslaughter for his role in a fatal shooting outside an Airbnb rental home after a party one year earlier.
He and a second individual charged after the incident were 17 and 18 on April 3, 2022, when the shots were fired in Draper, killing two people.
Ashtyn Ernesto Ortega, 19, pleaded guilty on the first day of his trial, after a jury had been picked, to manslaughter, a second-degree felony, and felony discharge of a firearm, a first-degree felony.
Daniel Martinez, 19, has pleaded not guilty to two counts of aggravated murder, a first-degree felony. A four-day jury trial for him is scheduled in October.
Ortega said in his plea statement that he observed an argument between Martinez and one of the victims, and Martinez asked him "several times" for a firearm that was in his possession.
"I was aware of the risk that the other person might use my firearm to harm someone and I disregarded that risk," he admitted in the document.
Ortega agreed his actions contributed to the deaths of two people, Austin Terry Powell, 27, and Jonathan July Fuentes, 21.
Ortega pleaded guilty to a reduced charge of manslaughter, a second-degree felony, as part of a plea deal. In exchange, prosecutors agreed to drop other charges against him, including three charges for purchasing, possession or use of a firearm as a restricted person, and possession of a controlled substance, third-degree felonies.
The party was ending shortly after 1 a.m. at an Airbnb rental home at 11464 Cranberry Hill (280 East) when shots were fired outside of the house in the street.
The homeowner arrived and kicked everyone out of the party. Ortega and Martinez, who had not been invited to the party, then got into an argument with Powell, police say. Witnesses said the fight began after bottles were thrown.
"Martinez was throwing beer bottles in the street and asked Ortega for his gun. Ortega pulled his gun from his waistband and handed it to Martinez. Martinez then danced or skipped down the street while shooting," the charges state.
Prosecutors say the attitude of "indifference and even amusement" from Martinez shows he is dangerous to the community.
Ortega is scheduled to be sentenced on May 31. Martinez is scheduled to be back in court for a pretrial conference on Sept. 19 ahead of his jury trial.









