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Police: Aurora man broke into ex-girlfriend's apartment armed with bat, knife

A 48-year-old man with a long criminal history has been arrested on charges he broke into his ex-girlfriend's house on the northeast side of Aurora while armed with a knife and wooden baseball bat.

Jose W. Martinez, of the 400 block of West New York Street, Aurora, faces charges of home invasion with a deadly weapon and home invasion causing injury, both felonies, along with two misdemeanor counts of domestic battery, according to Kane County court records.

Aurora Police Sgt. William Rowley said the charges stem from an attack that began about 4:16 a.m. Monday when Martinez, while armed with a brown wooden baseball bat and a pocket knife, broke into his ex-girlfriend's apartment on the 400 block of Indian Avenue.

Rowley said the woman was in the basement with relatives when Martinez came down the stairs and struck her with his hand.

"There is no indication that anyone was struck with the bat or injured with the knife," Rowley said.

Police were called and ordered Martinez out of the house, Rowley said. Martinez followed officers' orders and was arrested without incident and the knife and bat were recovered. The victim had minor injuries from being hit, but declined medical treatment, Rowley said.

Martinez is held on $135,750 bail, meaning he must post $13,575 to be released while the charges are pending.

If he does post bond, he is to have no contact with the victim and must stay away from her apartment.

If convicted of the most severe charge of home invasion, Martinez faces a punishment of six to 30 years in prison with no possibility of probation. He also could face an extended term based on his previous felony record.

According to Kane County court records, Martinez was sentenced to two years in prison after pleading guilty to possession of a controlled substance after a January 1989 arrest in Aurora. Martinez was sentenced to 90 days in jail and two years of probation after pleading guilty to felony burglary after an August 1998 arrest in Aurora, records show.

He was arrested in May 1999 on a felony burglary charge in Aurora and was sentenced to five years in prison after pleading guilty. Martinez was charged in June 2002 with felony burglary in Aurora. He pleaded guilty but the court record was incomplete as to his punishment.

He is due in court April 17.

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