edwin martinez gun.jpeg

Syracuse police displayed a hand gun recovered from suspect Edwin Martinez, arrested downtown on Sept. 16.

(Provided Photo)

Edwin Martinez

Blood splatter on the sidewalk on the 400 block of South Warren Street after the arrest of Edwin Martinez on Sept. 16.

Syracuse, NY -- An Onondaga County judge blasted claims of Syracuse police brutality by a witness who changed his story today in court.

State Supreme Court Justice John Brunetti said the accusations "unjustifiably" damaged the reputation of Syracuse police Officer Kevin Hamberger, who arrested gunman Edwin Martinez last fall on a busy downtown street.

Brunetti went on to give Hamberger credit, saying the officer had the "occasion to use more force than was actually used" against Martinez.

The judge also ruled that Hamberger acted properly in disarming Martinez of a loaded gun last September near the Galleries of Syracuse. Hamberger encountered Martinez, who was wanted on domestic violence warrants, and disarmed him during a struggle before arresting him with the help of other officers.

Both Hamberger and Martinez described what happened in similar ways, though Hamberger says Martinez pulled the gun and Martinez claimed the cop pulled the gun from Martinez's waistband.

The judge ruled that both the officer and defendant were not intentionally exaggerating the facts, but were giving versions from their own point of view.

The "factually-inaccurate" accusations that Brunetti criticized came from witnesses Mark Czajak and his girlfriend, Katherine Callahan. Both were subpoenaed to court today, but only Czajak appeared.

Reached by phone this afternoon, Callahan declined comment.

Asked about major inconsistencies in his version of what happened, Czajak testified this morning that Callahan had written a statement from his point of view and he signed it without careful review.

Brunetti, saying he didn't want to embarrass Czajak, said he would place blame for the inconsistencies on Callahan. But the judge ruled that their descriptions of what happened weren't true.

That vindicates both Onondaga County District Attorney William Fitzpatrick and Police Chief Frank Fowler, who publicly hailed the work of Hamberger and other officers who responded.

Here are some of the claims Czajak made in his signed statement which were later refuted:

• "...Mr. Martinez voluntarily gave up a handgun, placing it on the ground."

Today, Czajak said the officer grabbed the weapon from Martinez's waistband during the confrontation. He did say "there really wasn't much resistance from Martinez." (Hamberger claims Martinez grabbed the gun during the struggle.)

• "...Mr. Martinez began raising his hands in an attempt to give himself up, when he was brought to the ground with what appeared to be a taser."

No Taser was used in the incident. Czajak said today that while he didn't see Martinez resist, he didn't see Martinez attempt to surrender, either.

• "Helpless, pinned down, and handcuffed, the officer reached for the hand gun that Mr. Martinez had placed on the ground...and began striking Mr. Martinez repeatedly on the head with it."

Today, Czajak testified that near the end of the incident, another officer, not Hamberger, picked up the weapon on the ground. He maintained that Hamberger struck Martinez while the suspect was on the ground.

But Brunetti ruled that wasn't accurate, either, because neither the officer nor Martinez described any beating on the ground.

The statement is written from Czajak's point of view and signed by him.

While the judge discredited the witness' testimony, he did not say what punishment he felt was appropriate for Martinez.

He did reassure defense lawyer Nikki Platenik that he would not punish Martinez for the faulty statements made by the witnesses.

Assistant District Attorney Rob Moran has sought a 10-year prison term on an illegal weapons charge. But Brunetti noted that prosecutors were considering "background factors" in pushing for such a lengthy sentence when the minimum sentence is 3 1/2 years.

That's a reference to the fact Martinez was charged as an accomplice to a homicide but avoided murder charges in 2013 based on an order by Brunetti. The judge had ruled that Martinez had satisfied a deal that spared him prosecution, which the DA's office disagreed with.

The judge ordered Martinez back to court Feb. 27. He remains in custody.