Multiple mistakes led to the murder suspect visiting MS-13 schools in Maryland, an official says

A former federal law enforcement official says multiple government failures allowed an MS-13 gang member and alleged killer, now convicted of murder, to attend two public schools in Maryland.

“My message is: Be outraged, be angry, be angry and take action,” Mark Morgan, a former FBI agent and former acting commissioner of U.S. Customs and Border Protection, said of what he would say to parents , the children who sat in class with a suspected MS-13 murderer, and they didn't know it.

Morgan has been watching over the past few weeks as FOX45 investigated the death of Kayla Hamilton and how her killer, Walter Martinez, was allowed to attend two schools in Maryland after killing the 20-year-old in Harford County.

“This is about public safety,” Morgan said. “There were several errors in our system.”

According to Morgan, these failures began in March 2022 when Martinez entered the United States illegally through Texas as an unaccompanied minor. When the 16-year-old crossed the border, he was taken into custody by the border police. But Morgan says Martinez likely wasn't properly vetted as a potential MS-13 gang member before authorities released him to a sponsor's home in Frederick County, Maryland.

“We should not release them into our country until we have the opportunity to at least thoroughly and properly vet this individual to fully understand their criminal background,” Morgan said.

A few months after arriving in Maryland, Martinez moved into a mobile home in Aberdeen, where he later killed Kayla. According to Morgan, this is where the second error occurred.

According to charging documents, Martinez was taken into custody again after the murder. This time by Aberdeen police, who identified him as the main suspect. Police then asked Immigration and Customs Enforcement to detain Martinez during the investigation. ICE denied the request, telling FOX45 News in a statement that there was no “legal reason” to detain Martinez because he was a “juvenile who has not been charged with a crime.”

But Morgan said there are exceptions.

“I think they should have done that [held him]. If someone poses an imminent threat to this country, there is a way to actually arrest those individuals,” Morgan explained. “It was always part of a judgment by ICE based on the totality of the circumstances.”

This ruling by ICE results in what Morgan sees as a third violation of public safety. When ICE's request for an arrest was denied, Aberdeen police released Martinez and placed him at Maryland Child Protective Services. Sources said police told CPS that Martinez was dangerous and should be isolated. Instead, after Kayla's murder, CPS placed Martinez in a group care home in Baltimore County, where he enrolled at Lansdowne High School. Then, in October 2022, Martinez was transferred to a nursing home in Harford County, where he enrolled and attended Edgewood High School until his arrest in January 2023.

Both school systems told FOX45 News they were not informed that Martinez was a gang member and murder suspect. Martinez has since been convicted of Kayla's murder and sentenced to 70 years in prison.

“I think it shows there is a lack of communication in schools. “Schools should know if there is a child in the school who is an active gang member or has been involved in a brutal murder,” Morgan said. “And then parents should ask, what are you doing about it? How do you prevent this MS-13 gang member from potentially taking my daughter’s life?”

Maryland lawmakers told FOX45 News they are currently working on drafting a law that would either ban students suspected of committing a violent crime from attending school in person or require that schools be notified if a student is suspected to commit a crime.