Georgia Supreme Court upholds Gwinnett County case of drunk driver who fatally hit pedestrian while fleeing highway trooper

LAWRENCEVILLE, GA – The Supreme Court of Georgia unanimously upheld the conviction of a man found guilty of murder while driving drunk and fleeing police.

Victor Allen Smith, 59, appealed his 2023 conviction on counts of felony murder, vehicular homicide, driving under the influence and other charges – and the subsequent life sentence – by claiming that prosecutors prejudiced the case when they presented evidence to the jury that his license had been suspended for roughly 18 years at the time of the incident.

The evidence at trial was that Smith struck and killed 22-year-old Hugo Natanael Martinez on the evening of March 6, 2022, while speeding away from a Georgia State Trooper. The trooper clocked Smith traveling “well over 80 mph” in a 70-mph zone on I-85 and attempted to pull over Smith’s silver Porsche. Smith refused to stop and reached speeds exceeding 120 mph during the pursuit. He struck Martinez, who was on the right shoulder of the road as his pickup truck was being pulled onto the bed of a tow truck, sending Martinez flying over the retaining wall and onto the adjacent road.

In its decision, authored by Presiding Justice Sarah Hawkins Warren, the Supreme Court determined that prosecutors presented strong evidence of Smith’s guilt.

“We are pleased with the Supreme Court’s ruling in this appeal,” Gwinnett District Attorney Patsy Austin-Gatson said. “And we are glad that, by upholding these convictions, justice perseveres for Hugo Martinez and his loved ones.”

Managing Assistant District Attorney Christopher Deneve argued the appeal for the Gwinnett DA’s Office under the guidance of Executive Assistant District Attorney Mike Carlson.

Photo provided by Gwinnett County District Attorney’s Office.