Supervisor chose not to arrest

The deputy who stopped Lt. James Martone was uncomfortable and called for assistance.

By JOHN FRANK
Published January 31, 2007
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INVERNESS - Sheriff's Deputy Richard Briggs was driving north on Old Floral City Road on Jan. 13 when a red Dodge pickup heading south veered into his lane.

He swerved off the road to avoid the collision, then turned around to pursue the truck.

The driver nearly hit a fence before he pulled off the road at 9:46 p.m. near Fort Cooper. His speech was slurred, his eyes were glassy and he reeked of alcohol. The deputy described him as "tore up." Once outside the truck, he clung to the side to stay upright.

If it were a regular traffic stop, Briggs said, the driver would have gotten a night in jail and a ticket for driving under the influence.

But the driver was James Martone, a high-ranking lieutenant and a close friend of Sheriff Jeff Dawsy. So Martone was allowed to call his wife, who brought their 15-year-old son to drive him home.

In a statement, Dawsy said he took "swift and decisive action" Friday when he revoked Martone's badge and gun while demoting him to a civilian child protective investigator.

But the question he wouldn't answer: Why didn't the lieutenant get arrested?

"Officers have that discretion, and they use it all the time," a sheriff's spokeswoman said. She couldn't elaborate on how often that happens.

Even in this case, the deputy would have arrested the driver, but Cpl. Kenneth Amsler, the shift supervisor, made the decision to let Martone go.

Martone issued a statement through the Sheriff's Office saying he accepted responsibility and was "taking the necessary steps to resolve this problem with off-duty alcohol use."

"It was never my intention to discredit the Sheriff's Office or the badge that I wore for 22 years," he said.

His employment records indicate that the traffic stop is the third strike against him.

In 1991, he was a deputy when he was given a written reprimand after leaving a Pizza Hut in Inverness without paying $6.25 for a pitcher of beer he ordered. Martone called the reprimand a "terrible injustice," according to records.

In 1997, he was punished for "conduct that reflects discredit on the Sheriff's Office" when he was pulled over on U.S. 41 by an Inverness police officer for traveling 65 mph in a 45 mph zone. Internal documents show that the Inverness officer detected the odor of alcohol on Martone and had a lieutenant drive him home.

At the time, Martone was banned from taking his sheriff's cruiser home for two weeks and was issued a written reprimand for speeding.

The latest incident came to light Monday after word leaked from the Sheriff's Office about Martone's recent disciplinary action. Authorities revealed more details Tuesday when they released the 54-page internal affairs investigation.

A little lie for cards

Interviews with those involved show some disagreement on the details of the day in question, but they said it started Saturday afternoon with a white lie and a card game.

It was about 3 p.m. when Martone planned with Detective Gary Atchinson to watch the NFL playoffs at Atchinson's place in Inverness.

Martone told his wife, Robin, a "little fib" that he was going to his pal's house to move furniture. He and Atchinson laughed about it as they cleaned the garage to make room for the television and a card table.

After a quick errand to get $100 cash from the bank and a stop to round up some card players - including a bail bondsman and a guy named Buzz - they started dealing. Martone popped the top on one of the Bud Lights he brought.

Six hours and at least a six-pack later, Martone was looking at a pile of money as they played the last hand. He taunted his competitors about how much he won. In rebuttal, they joked about how much trouble he would be in when he arrived home, seeing that he blew off his wife's cell phone calls earlier in the night.

His wife still offered him a ride home, but Martone said he was fine to drive. Atchinson's fiancee, Sandra, typically drives home the ones who drink too much. No ride was offered this time, Atchinson said, because Martone "was not even close to that."

Martone prided himself in recent years on not driving if he drank too much. He knew he was impaired but couldn't guess his blood-alcohol level - something deputies didn't even try to determine later.

"Today's and the things that I have been through in my career, after 22 years, I am not putting myself through it anymore," he said later.

He left and stopped at McDonald's in Inverness after his son called to say that there was no dinner at home. Martone bought a chicken sandwich and a couple of hamburgers. Taking Eden Drive to head south on Old Floral City Road, he finished his first burger and was reaching for the second when he nearly hit Briggs' car.

Superior to the rescue

At the traffic stop, Briggs asked for Martone's driver's license but then quickly recognized him. Martone handed over his badge and sheriff's identification card before realizing that it wasn't his license.

Gently questioning Martone, Briggs didn't see any food bags inside the truck but noticed the half empty 18-pack of Bud Light in the rear bed.

Outside in the night air, Briggs had his superior sit on the tailgate because he was unsteady and swaying back and forth.

Briggs called Amsler, his supervisor, saying he was uncomfortable stopping a "higher-up." Amsler was near Dunnellon but responded as soon as he could. On the way there, he made the decision to let Martone call his wife, who was at home nearby.

When Amsler arrived, he walked up to Martone and shook his hand. Martone thanked him for coming.

"No problem, we're all in this together. We're all looking out for each other ..." Martone recalled Amsler saying.

The next morning, Martone sat in the early service at church thinking that he needed to call Briggs and thank him for what he did.

Even days later in meetings with investigators, Martone reiterated that he wasn't drunk but did get a break from a citation for crossing the double yellow line.

"I appreciate this internal affairs process," he said. "What I don't appreciate about this process is if this gets out, what's going to happen to us as an agency?"

John Frank can be reached at 860-7312 or jfrank@sptimes.com.

[Last modified January 30, 2007, 22:39:11]

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Comments on this article
by Tom 02/01/07 01:30 PM
It's the same for all civilans, they pay the price, and the Dawsey crew get to file false police reports, and cover for each other, while Dawsey talks about serving the public, he is only out for himself "if it's brought to the surface", lies, steal.
by Joe Citizen 02/01/07 07:48 AM
Above the law? Police hold a position of "special trust and confidence" Martone breached this position bestowed to him by the very public he serves. Punishment must be equal or greater. Shame on you and your "Brown Shirts" Dawsey. This is Waldo South
by sick of citrus 01/31/07 10:57 PM
Lt. Martini is a drunk and an embarrasment. He should have been charged with DUI. Any civilian would have been.
by Brooke 01/31/07 10:27 PM
Hey James it is you that is a scumbag. My husband has been in law enforcement for years. He does not drink at all gets up every day to serve pathetic scum like you. Not a 1 of you would have lost your career or been put in the news.
by Lisa 01/31/07 08:43 PM
What a joke. If that would of been anybody else,they would be in jail and charged with a DUI. This shows what our justice system is like.It's ok to drive drunk if you are a law enforsement officer. I am in the wrong line of work. I should be a cop!!!
by james 01/31/07 08:07 PM
cops are the scum bag of society==liars--cheats--thieves--and obviously drunks as well
by Sara 01/31/07 07:08 PM
Maybe if he had killed an innocent family, people would look at it differently. No matter how wonderful he is with kids. Back off? Integrity! You are supposed to behave off duty like you were on duty! I would have been arrested!
by james 01/31/07 06:54 PM
he should have been fired, arrested, and go through the same as a normal person wouldhave gone through. but jeff dawsey likes to sweep things under the rug when it comes to his men.. dawseys motto is,,,, do as i say not as my men do! fire amsler
by Former CCSO 01/31/07 04:54 PM
After reviewing the comments, I now understand why something like this is "tolerable" 50% take umberage & 50% say it is a miscarriage of justice. What a pathetic commentary of Justice for All under the Code of Ethics for Law Enforcement officers.
by Jack 01/31/07 04:51 PM
So the reporter wants to put the entire agency on trial. John Frank needs to back off and let the family be a family. Why slander and embarass everyone? This would never have made it a real newspaper..only small town reporting. John get a life.
by FormerCCSO 01/31/07 04:45 PM
This is a perfect example why 37 of us left CCSO in Jan of 1997 after the election. If you weren't "IN" then you were OUT as stated by the former chief deputy. Professionals don't work that way. Just ask two generations of former CCSO deputies.
by diana 01/31/07 04:37 PM
what would of happened if he would of hit a pedestrian?
by Only is Citrus Co 01/31/07 04:35 PM
OK thats the way you play it, so if he HURTS anyone else(while Driving)AII the GOOD PEOPLE of Citrus Co. should GO BACK on the SHERIFF's OFFICE for letting this KEEP GOING ON!!!(3 Strikes) hes OUT! or SHOULD HAVE BEEN) !
by Brandel 01/31/07 01:48 PM
From one law enforcement officer to another " turn in your badge"
by Beth 01/31/07 11:01 AM
Sounds like Vinny has been picked up a few times by the law. This man's personal life has no effect on this incident and it shows how trashy the newspapers have become. Hey, cops are people, they eat, drink, go to the bathroom, have sex etc.
by Chuck 01/31/07 10:53 AM
Hey Chris and Tony, What about all those who have served in Iraq? I bet they have been through alot more than county cop. I bet they get punished twice for a DUI. Once by the military and once by civilian court.
by Chuck 01/31/07 10:29 AM
This needs to be investigated by the State D.A. This is total unfairness to the American People. Any other citizen would have faced a Judge.
by Leslie 01/31/07 10:24 AM
All Agencies have some kind of buddy system,but if you look at the punishement this officer got and what it is going to do the family.He has been severely punished and is getting the help he needs.Leave him alone,the Media needs to back off for now!!
by Ed 01/31/07 10:18 AM
After word leaked from the Sheriff's Office.How nice of the anonymous leaker to notify the papers on a brother officer.Turn in your Badge.
by Tony 01/31/07 08:53 AM
Lt. Martone was a great asset to the kids of this county. The thing people tend to forget is that cops are people first and copes endure by far more stress the the rest of us. So what do you expect? Back of and give him a break.
by Tracy 01/31/07 08:52 AM
This is a perfect example of the quality of our sheriff. Even though this individual is his friend he still took swift and appropriate action. Good Job.
by vinny 01/31/07 08:51 AM
just another reason to say I hate all cop's
by David 01/31/07 08:50 AM
Everyone is so quick to judge the Lieutenant guilty but you have no proof he was drunk. Any field sobriety tests? Any breathalyzer? No, than he is innocent. The problem should be with the supervisor who took no action.
by Chris 01/31/07 08:47 AM
With what those guys go through in dealing with the dirt bags in society they deserve a break. Also after 22 years of commitment to his community Martone deserves our thanks not criticism. To you I say thank you.
by Barb 01/31/07 08:30 AM
I can see why they did not put him in jail. Being an officer is not a good thing in jail. But he should still get the DUI and all the consequences and fines that go along with the DUI!
by c.c. resident 01/31/07 08:28 AM
it is a shame what martone did, however this is crazy to put his personal life in the paper. to completly slander his name, talk about his wife calling him. Why not just end it with saying he messed up, its done and over with.
by Brooke 01/31/07 08:21 AM
All the dui drivers that go to jail are back out and driving drunk. The ones that get arrested are not demoted, and it splattered all over the news. Maybe everyone that gets a dui their private business afterward should be put in the news.
by Dee 01/31/07 06:45 AM
This is not right 3times I dont think this is fair anybody else would be in jail this shows how corrupt they are .



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