Three people were arrested within hours of her body being found. Nine years later, none of them has ever been convicted of her murder, and investigators believe the person who actually killed her is still out there.
A Birthday That Became a Tragedy
Victoria Martens was found dead on August 24, 2016, in an apartment in Albuquerque, New Mexico, on what would have been her 10th birthday. Police responded to a 911 call about a domestic disturbance and discovered smoke coming from behind a closed bathroom door. Inside, they found Victoria's body, dismembered and partially wrapped in a burning blanket.
We're not going to detail the specific nature of her injuries here. What's publicly documented through court records is extensive, and a fuller accounting wouldn't serve any purpose beyond what's necessary to understand the case: an autopsy determined Victoria had been sexually assaulted, strangled, and her body mutilated after death.
Three Arrests, A Confession That Came Apart
Victoria's mother, Michelle Martens; her boyfriend, Fabian Gonzales; and Gonzales's cousin, Jessica Kelley, were all arrested at the scene that morning and initially charged with first-degree murder, child abuse resulting in death, kidnapping, and tampering with evidence.
In the days that followed, Michelle gave investigators a detailed account implicating herself, Gonzales, and Kelley directly in Victoria's death. That account became the basis for much of the early public reporting on the case, including extensive media coverage built around her statements.
It's important to be precise and current about something that's changed significantly since those initial reports: Michelle Martens is now widely believed, including by Wikipedia's summary of the case and by investigators themselves, to have given a false confession. The state ultimately did not pursue murder charges against any of the three original defendants. Instead, each pleaded to lesser charges related to child abuse and evidence tampering — not to murder itself.
A Fourth Suspect, Never Identified
As the case progressed, investigators developed a different theory entirely: that an unidentified fourth man, potentially motivated by some form of retaliation connected to Gonzales, was the person who actually raped and killed Victoria. This theory was based partly on DNA evidence recovered from Victoria's body that has never been matched to any of the three known defendants, and partly on later statements from Jessica Kelley.
Fabian Gonzales's own defense attorney pushed back hard against this theory at trial, arguing instead that the person actually responsible had already accepted a plea deal and was, in the attorney's words, "probably laughing now" at having avoided a murder charge. The Bernalillo County District Attorney's Office has maintained that an active investigation into the fourth-suspect theory remains open.
As of the most recent reporting, no fourth suspect has ever been identified, charged, or arrested. The question of who actually killed Victoria Martens remains formally unresolved.
What Each Defendant Was Actually Convicted Of
Michelle Martens pleaded guilty in 2018 to one count of child abuse resulting in death and was sentenced to 12 years in prison.
Jessica Kelley pleaded no contest in January 2019 to six charges, including reckless child abuse resulting in death, aggravated assault with a deadly weapon, and tampering with evidence. After years of sentencing delays tied to the ongoing investigation, she was formally sentenced in April 2022 to 44 years in prison.
Fabian Gonzales was the only one of the three to actually go to trial. In July 2022, a jury found him guilty of child abuse with reckless disregard, along with evidence tampering charges — nine counts in total. He was sentenced in October 2022 to 37.5 years in prison.
None of the three were ever convicted of murder.
A Release That Drew Renewed Attention
Michelle Martens was released from prison on October 14, 2025, having served her full 12-year sentence; she remains on parole until 2027. Her release drew significant public reaction in New Mexico, including from longtime advocate Joshua Perez, who has organized annual events marking Victoria's birthday and has continued publicly pushing for accountability in the case. "I think New Mexico has failed a lot of kids," Perez said following Martens's release.
Fabian Gonzales and Jessica Kelley, who received substantially longer sentences for their roles in the case, remain incarcerated.
A Case Still Officially Open
The Albuquerque Police Department has stated it maintains an active case file specifically related to the unidentified fourth suspect. Investigators have also noted, in connection with the broader case, that New Mexico's Children, Youth, and Families Department had received multiple prior calls related to the household before Victoria's death, raising separate questions about earlier opportunities for intervention.
Nine years after Victoria Martens was killed on her own birthday, three people connected to that night have been held legally accountable for child abuse and evidence tampering — but the person responsible for her actual murder has never been identified, charged, or brought before a court. For her family and the community that has continued advocating on her behalf, that absence remains the case's deepest, still-open wound.
Sources
Killing of Victoria Martens — Wikipedia
https://en.wikipedia.org/wiki/Killing_of_Victoria_Martens
Michelle Martens is now out of prison — KOB.com
https://www.kob.com/new-mexico/albuquerque-metro/michelle-martens-is-now-out-of-prison/
A closer look at the Victoria Martens' case — KOB.com
https://www.kob.com/new-mexico/a-closer-look-at-the-victoria-martens-case/
Fabian Gonzales sentenced to 37.5 years for role in Victoria Martens' death — KOB.com
https://www.kob.com/new-mexico/fabian-gonzales-sentenced-to-37-5-years-for-role-in-victoria-martens-death/