On Thursday, August 24, the New York State Police charged Terrell Martinez, age 24, and Morgan Pentycofe, age 29, with one count each of Assault 2nd (D Felony) and Assault 2nd: on a child less than seven years of age (D Felony). These charges stem from an incident occurring on August 12, 2023, at approximately 12:30 a.m. at their residence located on Canal Street in the town of Lyons. 

 An investigation determined Martinez had caused numerous injuries to a 1-year-old female while the mother of the child, Pentycofe, was present. The 1-year-old was taken to Newark Wayne Hospital at 2:323 a.m., two hours after the injuries reportedly occurred. It was initially reported the child had fallen out of a crib.

The girl was subsequently transported to Strong Hospital by ambulance, where it was determined she had suffered serious bodily injuries to her extremities and head. This incident occurred while under the direct care and supervision of the mother and her boyfriend. 

The babywas put in casts on both legs and arms, and showed  head bruises and contusions.

Martinez and Pentycofe were arrested and transported to State Police in Lyons for processing. At Wayne County Centralized Arraignment, Justice Putnam granted Martinez pretrial release, and Pentycofe was released on her own recognizance.

According to the little girl’s father, Austin Gushue, his mother watched the child on Thursdays and Fridays and had reported prior bruising. He claimed Wayne County Child Protective Services failed to act. He stated Martinez has several prior arrests and convictions for violence.

Martinez was arrested back on May 27 of this year after Gushue questioned Martinez about bruises on the baby when a custody transfer was taking place.Martinez then allegedly threatened Gushue with a pocket knife, threw it to the ground and then punched Gushue in the eye. Martinez was charged with Assault in the Third Degree and Menacing With a Weapon in the Second Degree. That case is still pending in Lyons Court.

Meanwhile Austin stated he is going to petition the court for custody of his daughter.  "She has had a tough week. She was just learning to walk when this happened." He also reported that one of the casts on his little girl is expected to be removed shortly.

The case will initially go through Lyons Town Court where it is expected  to be presented to a Wayne County Grand Jury.