06:02 PM EST on Tuesday, February 22, 2005

Reported by: Doug Aronson

Oswaldo Martinez is facing murder and rape charges in the death of 16-year-old Brittany Binger.

As it turns out, James City County police had seen him before, having stopped him for DUI last year.

Police told us Martinez didn't have a driver's license, but his brother showed up at the scene and produced a Social Security card.

Martinez went through the courts system as a first time DUI offender, got a 90-day suspended sentence and a $250 fine.

No one raised any questions about his documentation.

From JCC Sheriff

Oswaldo Elias Martinez

Now, nearly a year later, police have linked Martinez, an illegal immigrant from El Salvador, to the teen’s rape and murder.

Authorities went back to the DUI file and traced the Social Security number given by Martinez at the time. We’re told it belongs to a white man in Texas.

Immigration officials confirm they had no record of any Oswaldo Martinez, meaning he’s been in this country illegally for at least a year.

Police didn’t have an answer for why they didn’t further question the documentation when he was arrested for DUI.

A call to the Commonwealth’s Attorney, asking the same thing, was not returned.