In Eurie Lee Martin case: Court ruling sheds more light on what happened – The Union-Recorder

(EDITORS NOTE: This is the second of a three-part, in-depth series on the events leading up to the death of Milledgeville resident Eurie Lee Martin on July 7, 2017 in neighboring Washington County. The third and final part of the series will examine conclusions of law as mentioned in the last weeks ruling by Dublin Judicial Circuit Senior Superior Court Judge H. Gibbs Flanders Jr.)

SANDERSVILLE, Ga. - When Eurie Lee Martin was told to stop walking, place his hands behind his back and get on the ground or he would be tased, Martin refused, according to recently released details of what actually happened before the Milledgeville mans death on July 7, 2017 in Washington County.

Mr. Martin does not comply and Sergeant (Henry) Copeland tases him, according to testimony and body cam video and audio from deputies at the scene.

The 58-year-old Martin, who was standing along the roadside at the time was heard shouting, My God, whats goin on?

All of a sudden, Martin falls to the ground and begins pulling a taser prong from one of his arms.

Meanwhile, another deputy from the Washington County Sheriffs Office, Deputy Michael Howell, begins to approach Martin in an attempt to handcuff him. As it turned out, Howell decided to stand back when Martin pulled the taser prong from his arm.

In an attempt to gain control of Martin, Sgt. Copeland pulled his taser trigger four times with a total of 28 seconds of electrical discharge, according to the findings of fact following a motion hearing back in October in Washington County Superior Court in Sandersville. It is unclear how long Mr. Martin actually received an electrical discharge, but the cell phone video taken on Mr. Tillmans phone camera clearly shows that Mr. Martin experienced an electrical shock that momentarily brought him to the ground.

Tillman happened to be traveling along the roadway at the time and videoed on his phone what he witnessed.

Those were the words used by Dublin Judicial Circuit Senior Superior Court Judge H. Gibbs Flanders Jr. during a ruling last week regarding the case of three former deputies later indicted by a grand jury on murder and other criminal charges in connection with Martins death.

Although grand jurors returned an eight-count criminal indictment against Copeland, Howell and Rhett Scott in connection with the death of Martin, Flanders since has ruled in favor of the defendants and said all three men are immune from prosecution, based on a self-defense motion filed by defense attorneys.

All three men were scheduled to go to trial in the murder case in a couple of weeks.

The judges ruling has prompted Middle Judicial Circuit District Attorney Hayward Altman to file an immediate appeal with the Supreme Court of Georgia in Atlanta.

Before the former deputies were ever indicted, they were terminated by their late boss, Sheriff Thomas H. Smith, who died back in October. Smith contended the trio violated sheriffs office policies and procedures.

The indictments followed an independent investigation into the death of Martin by agents with the Georgia Bureau of Investigations office in Eastman. Smith called for such an investigation immediately after Martins death near the small community of Deepstep.

The tasing of Martin did not succeed in subduing Martin long enough for Copeland and Howell to place him into handcuffs.

During cross-examination by an assistant district attorney at the October hearing, Howell answered several questions related to the incident.

When that one (taser barb) went in, we, (Howell and Copeland) tried to handcuff him (Martin) and thats when he got, yes, got up again, according to testimony from Howell.

The assistant district attorney then asked Howell so there was a moment when he was still laying on the ground, and that was actually you seen going and kneeling down to him?

Howell replied he was going to try to handcuff Martin at the time.

When I knelt down and he ripped that barb out, I was like this is not for me, Howell said. Because if a grown man can take and rip it out of his arm, I aint fixing to fight with him.

The assistant prosecutor then asked Howell if he allowed Martin to get up, and Howell replied, Yes.

The length of that particular encounter was approximately a minute, according to court records.

As the two officers continue to follow Mr. Martin, Deputy Howell sends a radio message to Deputy Scott saying, Step up.

Howell also indicated to Scott that Martin had been tased, but he's still fighting.

During the time, Copeland and Howell waited for assistance from Scott, the two deputies continued to command Martin to stop, and to get on the ground or he would be tased.

Martin again reportedly ignores those commands and continues walking at a more rapid tempo.

Mr. Martins audible responses are in rapid, loud speech, most of which is not understandable on the dash cam video, according to court records. There is one instance when Sgt. Copeland is close to Mr. Martin and he turns toward Sgt. Copeland and swings at him in an unsuccessful attempt to strike Sgt. Copeland.

Martin, who was still followed closely by the two deputies at that point, continues to walk until he and the deputies all stop in a yard near the highway.

When Deputy Scott got to the scene, Copeland and Howell were seen facing Martin. At that time, Martin was standing with his hands resting on his hips.

Deputy Howells dash cam provides a good video record of second tasing episode, which from the time Deputy Scott gets out of his car until Mr. Martin is handcuffed spans approximately three minutes and 12 seconds.

A second camera video from the phone of Tillman, meanwhile, which lasts only 24 seconds, captures the initial tasing by Scott, and Martin going to the ground. The video shows all three of the men, known as lawmen at the time, trying to restrain Martin.

When Scott got out of his patrol car, it appeared that Martin along with Copeland and Howell were at at what was described as a stand-off.

There is no overt aggression occurring, although Mr. Martin is clearly agitated and tense, Sgt. Copeland is holding his taser, and Deputy Howells left hand is resting on his holster, according to court records. As Deputy Scott approaches, Deputy Howell tells him Mr. Martin had been teased once and it didnt phase him.

The deputies continued to command that Martin get on the ground, but again he would not comply.

Martin then became encircled by the three deputies. At the time, Martin was not acting in a physically aggressive manner, and his arms remained down by his side. But Martin still resisted the deputies commands for him to get on the ground.

While standing behind Mr. Martin, Deputy Scott tases him from a close distance in his lower back, court records show. Mr. Martin spins toward Deputy Scott with his arms flailing in an attempt to dislodge the taser probes, and possibly to hit Deputy Scott. Mr. Martin goes to the ground and the officers converge upon him, repeatedly commanding him (Martin) to roll over and to show his hands.

Scott became entangled in the wires as he and his fellow deputies attempt to bring Martin under control.

The struggle continues with sounds of tasing interspersed with commands that if he (Martin) will roll over, it will stop, court records show.

Once Martins right hand was placed into handcuffs, the deputies all testified that they felt for everyones safety that it was imperative that Martins left hand be handcuffed, too, because they considered a loose handcuffed arm to be potentially a lethal threat.

During that time, Martin reportedly was hiding his left arm and uncured hand under his body close to the ground, and the officers continued tasing with drive stuns in an effort to dislodge Martins left arm in order that he be completely handcuffed and restrained.

The struggle and intermittent tasing ended by using an asp baton as fulcrum to pry Mr. Martins arm from beneath his body and completing the handcuffing, according to court records. Once Mr. Martins left arm was cuffed, the tasing ceased.

Court records indicate that the struggle from the initial tasing by Scott to the final handcuffing of Martin lasted for a period of about three minutes.

During this time, Deputy Scotts taser was activated eight times with a total electrical charge duration of 25 seconds, according to court records. It is impossible to know how much of the electrical charge was transmitted to Mr. Martin, but it is clear based upon his reactions that part of the charges found their mark.

In his order, Judge Flanders said taken in the entirety that the evidence shows Martin, by his physical strength and his reaction to being tased, was exceptionally difficult to bring under control throughout the events as they unfolded.

The foregoing completes the description of events relevant to the defendants immunity motion, Flanders said. After Mr. Martin was handcuffed, he remained on the ground and was monitored by the officers and a first responder, who came to the scene while awaiting the arrival of EMS. When it was determined that Mr. Martin had no pulse, and had stopped breathing, the first responder started life support measures, and continued until EMS arrived. Thereafter, Mr. Martin was pronounced dead at the scene.

At that time, the late sheriff was notified of what had happened and immediately called the GBI to come to the scene to begin an independent investigation.

Copeland, Howell and Scott were all indicted by a grand jury on Aug. 9, 2018.

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In Eurie Lee Martin case: Court ruling sheds more light on what happened - The Union-Recorder