James City County officials have made an arrest in the murder of 16-year old Britney Binger.

It was January 3rd when authorities say they received an anonymous call around 5:20am alerting them to the body in the 9000 block of Pocahontas Trail in the Whispering Pines mobile home park.

Police say Binger was so badly beaten they sent dental records to Richmond to help with her identification.

Officials say a positive DNA test result led them to 34-year old Oswaldo Elias Martinez. Martinez was arrested Thursday afternoon. He is charged with capitol murder, rape and sodomy.

According to police, Martinez lived with relatives in a trailer in the Windy Hill Mobile Home Park - the same trailer park where Binger lived.

Police believe Binger was attacked on the night of January 2nd as she was walking between the Windy Hill and Whispering Pines mobile home parks.

Martinez is being held at the Peninsula Regional Jail without bond.

Police say they questioned Martinez the same day Binger's body was found. According to authorities, he has been "a person of interest" since the investigation began.

The Immigration and Naturalization service has been contacted to determine if Martinez was in the U.S. legally. Officials say they have been unable to find any record of Martinez's entry into the U.S.

Martinez, from El Salvador, does not speak English and is hearing impaired.

JAMES CITY, Va. -- A jury indicted a deaf mute James City County man Thursday for the capital murder and rape of a 16-year-old girl, but communication problems could prevent him from being prosecuted.

Oswaldo Martinez is charged with killing and raping Brittany Binger in January. He also was indicted for robbery, because some of Binger's personal items were taken.



Martinez, an El Salvador native, has been described as illiterate and not speaking any language or using any formal sign language. At his first court appearance, his brother tried to communicate with him through hand gestures.

Two court-appointed psychologists have filed reports with both sides assessing Martinez's ability to communicate, but attorneys wouldn't discuss the findings Thursday.

U.S. law does not allow states to try defendants who can't participate in their own defense. Tim Clancy, Martinez's defense attorney, has said he may argue that trying Martinez would deny him his constitutional right to due process because he could not communicate.

Prosecutors have said they may ask the court to hire additional experts to examine what Martinez can understand.

A competency hearing is scheduled for June 7 in Williamsburg.

The sad thing is he may get away with murder...