Jeffrey Martinson was found guilty Monday of killing his 5-year-old son in August of 2004.

Many tears were shed as the 12-person jury decision was read on Monday. Martinson was found guilty of felony murder and child abuse Type 1.

Kristin Eberle, the victim's mother, was surrounded by friends and family as the jury's decision was read. Eberle has been present at each hearing in the trial, which has lasted for months.

The jury will now decide if the death penalty is appropriate, which could take about two weeks.

Eberle had many orders of protection against Martinson in 2003 and 2004, but he was still allowed weekend visits with his son in August of 2004. When he did not show up to return Joshua to his mother, she called police.

Joshua was found dead in a back bedroom of Martinson's Ahwatukee Foothills apartment. Martinson was found unresponsive in his bed with Tylenol PM in his system. Empty prescription bottles and trash bags were found around his apartment.

Martinson had texted a neighbor earlier in the weekend and said, "We love you and will miss you," according to testimony given during the trial.

Contact writer: (480) 898-7914 or ahurtado@ahwatukee.com

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