Court docs: Domestic violence suspect admits he threw girlfriend who died in hospital

Booking photo for Jose Funes Zelaya from the Multnomah County Jail

UPDATE: Jose Funes Zelaya now faces a murder charge.


GRESHAM, Ore. – A 30-year-old charged with domestic violence told officers he threw his girlfriend onto a concrete floor, causing a brain injury that took her life three days later, court documents show.

Jose Funes Zelaya is currently charged with first and second-degree assault – domestic violence. He could face new charges since his girlfriend, Shay Martinez, has passed away in the hospital.

A probable cause affidavit shows that Funes Zelaya took Martinez to the hospital on Sunday night. Doctors told law enforcement she had “significant and horrific injuries” and that she was suffering from a brain bleed.

"The explanation for the injury didn't match what the doctors were seeing," said Gresham Police Detective Adam Baker.

The two had been dating for roughly a year and met at FedEx, where they both worked.

Officers talked with Funes Zelaya after he took Matinez to the hospital. He said the two had been drinking, and that she was hurt after he threw her “10 to 11 feet across his bedroom.” He said she hit her head on the floor, which court documents describe as carpet covering the concrete of a finished basement

One doctor told police it was possible Matinez could have suffered the injury by hitting her head on the ground, “but was skeptical” because of her broken eye socket and extensive bruises on her arms and legs.

The affidavit says Funes Zelaya initially said Martinez’s bruises were from work, and added later that some were from him grabbing her at a previous time.

A friend told police she spoke with Martinez a week ago, and said Shay told her the bruises were from Funes Zelaya.

Police also spoke with Funes Zelaya’s brother, who lives in the same house. The report says “he heard something hitting the wall and loud banging noises” along with Matinez crying. He told police “everything went silent” after about two minutes, the report says.

Funes Zelaya said he cleaned up blood from Martinez’s face and put her in bed at about 5 a.m.

The court documents go on to say he didn’t check on her again until 3 p.m. Sunday when she still was unresponsive but had a pulse. He said he decided to take her to the hospital at about 10 p.m.

Gresham police want to hear from anyone who knew the couple and may have any information about past abuse in their relationship.

Funes Zelaya’s bail is set at $500,000.

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