Ex-police officer leaves Anderson department after multiple excessive force allegations

When Colin Martin was hired by the Anderson Police Department for a second time in 2013, he did not come with a clean personnel file.

After leaving the department in 2010, Martin was suspended from a neighboring agency for using excessive force, and he was investigated at least twice because of allegations of using excessive force.

When asked why his department hired Martin again, Anderson Police Chief Jim Stewart declined to answer.

Martin, 40, who resigned from his city police job eight months ago, is now at the center of one of five lawsuits involving officer conduct filed against the Anderson Police Department since December 2016.

More: Anderson Police Department faces 5 lawsuits over officer conduct within 14 months

Before then, there had been only two lawsuits filed against the department about officer misconduct in recent years. One was in 2014, and the other was in 2015.

Records show that the lawsuit centering on Martin's action was settled Jan. 19. City Attorney Frankie McClain said Anderson, through its insurance, will pay $55,000.

Like two other recent settlements involving the police department, this one was not approved or voted on by the Anderson City Council.

There is no requirement in place for the council to approve such settlements. But after learning of the lawsuit and its settlement from the Independent Mail, City Councilman Tony Stewart said he thinks "some measures are going to be put in place" so that elected officials are told about all pending litigation and any settlements. Councilman Stewart is not related to the police chief.

The suit was filed by Brian Franks of Selma, Georgia, who encountered Martin in October 2015 while he was in Anderson to attend a friend's wedding. Martin and Franks had a confrontation that started at the Bleckley Inn and ended with Franks bloodied near a patrol car, according to police records and the lawsuit.

In the moments after the encounter, Martin's superior officer had enough concerns about Martin's actions that he removed him from the case.

According to Martin's incident report, Sgt. Michael Roberson had a difference of opinion with him regarding charges against Franks. Roberson told Martin to "disassociate" himself from the case, according to the report.

Franks' attorney, Ryan Langley of Greenville, said recently he couldn't discuss the case in detail, but he said the "city did take responsibility and step up" and settled Franks' complaint.

In a Jan. 9 interview, Martin was guarded when it came to answering questions about the lawsuit and his future.

"I'm tired of law enforcement and tired of the media putting their spin on things," he said. "I just want to leave law enforcement behind and enjoy a nice, quiet life."

Martin's career in Upstate law enforcement has been tumultuous. The Independent Mail obtained his personnel files through a series of Freedom of Information Act requests.

'He doesn't seem to think through situations thoroughly'

Martin's early job performance, depicted in a personnel file from a decade ago, appears satisfactory.

He first worked at the Anderson Police Department from March 2008 to mid-September 2010, and his record shows no disciplinary actions during that period.

On his performance reviews, Martin consistently earned ratings that he met job requirements.

His first stint at the Anderson Police Department ended amicably, and his personnel file noted he would be rehired there "without reservation."

Things were different when he began his next job at the Anderson County Sheriff's Office just a few weeks later.

By Dec. 23, 2010, Martin was serving a two-day suspension for the way he handled himself after a vehicle chase on Mountain Creek Church Road and Martin Drive in Anderson. Records show the suspension was recommended by his supervisor, Sgt. Greg Williamson.

"When the pursuit ended, Deputy Colin Martin had handcuffed the male passenger and Deputies Daniel Martin and Matt Ritter had handcuffed the female driver," Williamson wrote. "Deputy Colin Martin approaches the female driver and grabs her by the neck and forces her head to the hood of Deputy Matt Ritter's patrol vehicle.

"Deputy Colin Martin continues to yell and scream in the face of the female while holding her head down on the hood of the patrol vehicle," Williamson wrote. "The force possibly caused a small indentation on the hood of Deputy Matt Ritter's patrol vehicle."

Williamson's finding determined that Martin's actions were "too extreme."

During a performance review six months later in June 2011, Williamson noted that Martin still needed to make improvements.

"Colin needs to be more reliable in his decision-making process," Williamson wrote. "He doesn't seem to think through situations thoroughly."

Williamson noted that Martin had several incidents where "use of force was questionable."

Less than a month later, another complaint was made about Martin. He was suspended for six hours on July 26, 2011, after his superiors found that he "used improper defensive tactics." He never returned to the Sheriff's Office, instead submitting a "voluntary resignation," according to records.

Martin landed at the Iva Police Department.

By June 2012, Martin was being investigated by the South Carolina Law Enforcement Division for the way he handled a May 30 chase and traffic stop in Iva.

Johnny Bombay, who was 18 at the time, said Martin left him bloodied and swollen with the imprint of a boot on his body.

According to Martin's incident report, Martin was leaving a relative's home on Pine Ridge Drive about 10 p.m. when he saw an approaching black Toyota pickup slow down and then accelerate. The officer reported that he watched the pickup run a stop sign and go into a ditch before swerving into the oncoming lane of traffic on East Broad Street.

Martin got behind the truck and chased it nearly of 1½ miles to Millie Avenue, where the pursuit ended.

Martin assessed his own condition at the end of the chase.

"My blood pressure and adrenaline increased tremendously to the point I was in complete fight or flight mode," Martin wrote in his incident report.

Suspecting the pickup driver had committed a serious crime, Martin said in his report, he jumped from his vehicle with his gun drawn and ordered Bombay to get on the ground. After he was placed in handcuffs, Bombay tensed and arched his back, according to the report.

Martin said he reacted by trying to stun Bombay with an openhanded slap to the neck. He also said that the heel of his boot "made contact with" Bombay's nose as he tried to subdue him, which Martin described as "an unfortunate sequence of events."

Martin wrote that when he asked Bombay if he had any illegal substances, the teen handed over a small amount of marijuana. Martin wrote that because it was a small amount, he tore open the bag and scattered the drug on the ground.

After SLED's investigation of that incident, Martin was cleared of any wrongdoing in Iva.

He returned to work at the Anderson Police Department in 2013.

'My struggle continued'

Colin Martin and Brian Franks give different versions of what happened when they crossed paths on Oct. 18, 2015, in Anderson.

Franks' version, outlined in his recently settled lawsuit, says he was waiting for friends in the lobby of the Bleckley Inn when Martin forced his way into the hotel, arrested him and handcuffed him. While Franks was in handcuffs, he was "aggressively struck," thrown to the ground and injured, "requiring immediate medical attention," according to the lawsuit.

Martin is not named as a defendant in the civil suit, which Franks filed against the Anderson Police Department and the city of Anderson. The lawsuit accuses the police department of negligence, recklessness, failing to properly train Martin and hiring him "despite Martin's history of using excessive force."

Martin's account of events is outlined in the police report he filed detailing the incident. Martin said he was nearby in his personal vehicle when he heard, with the windows up, "the constant use of (expletive) and other words which showed a fight may have been occurring."

He said he observed a "physical struggle" between two people who were below the awning of the boutique hotel on Church Street, and that one person looked directly at him and screamed a profanity loud enough that he could hear it 100 yards away. Martin said the people hurried inside the hotel after he ordered them to stop. Martin jogged to the door and ordered someone to open it because he didn't have a key-card for it, he wrote.

He soon encountered Franks.

"I entered and gave a direct order for the subject who was grossly intoxicated to stop," Martin wrote in his incident report. "I told him as he continued to walk up the stairs 'Don't make me ask twice. Stop.' I began to walk up the stairs after him and he broke into a run in an attempt to take flight from me."

Martin said that he caught Franks at the top of the stairs and was eventually able to handcuff him, though he said Franks was resistant.

"Between him refusing to walk, pulling away and him trying to passively sit on the stairs my struggle continued," Martin said.

He said he eventually got Franks outside.

"Once we got to the main parking lot corner going to the PD, he pulled away hard to which I jerked him forward. He lost his footing due to his grossly intoxicated state and fell to the ground.

"Due to his forward momentum I had to let him go and he slid on his chest forward skinning his forehead and knee. He continued to refuse to get up while speaking to me and I had to drag him to the curb where I sat him up until another unit arrived."

Franks' original charge is redacted from the record provided to the Independent Mail. Files show his record was expunged.

In recent phone interviews, Franks and Martin declined to answer questions about the incident, citing the lawsuit as reason.

"I can tell you the charges against me were dismissed," Franks said. "One of the big issues is that there was no sobriety test, no field sobriety test, done on me."

In the Jan. 9 interview just days before the lawsuit was settled, Martin said he was worried about jeopardizing "confidentiality agreements."

"I'm not putting myself out for civil liability," Martin said when he was asked to describe his encounter with Franks.

Martin did offer an assessment of the Anderson Police Department.

"The department sucks," he said. "I don't want anything to do with there."

The Independent Mail contacted the Anderson Police Department about Martin's hiring and performance. The Independent Mail also asked whether there was an internal-affairs investigation at the Anderson Police Department regarding Franks' arrest.

Police Chief Stewart declined multiple requests for an interview and instead wrote in an email:

"Martin

Employee performance is a personnel issue; it is the practice of the City of Anderson not to discuss personnel issues.

Use of force documentation was completed

No complaint was filed."

Taylor Smith, an attorney for the South Carolina Press Association, said the city's sparse response does not serve the public well.

"It's difficult to understand the motivation for a lack of transparency here," he said.

About the series:

This is part of a continuing series about allegations of misconduct by the Anderson Police Department. The series continues through Wednesday this week.

Follow Nikie Mayo on Twitter @NIkieMayo or email her at mayon@independentmail.com.