City of Douglas being sued for $500,000
By Trisha Maldonado
Douglas Dispatch


Published/Last Modified on Wednesday, January 9, 2013 10:08 AM MST


The City of Douglas is being sued on an alleged misconduct of one of its former police officers.



On December 10 the City Clerk’s Office received a notice of claim from the law Offices of Thomas E. Higgens on behalf of Ms. Charlotte Shumsky.

Shumsky is claiming that Manuel “Art” Martinez allegedly sexually abused her for over two months beginning June 28, 2012.

According to the claim Shumsky has suffered physical, mental and emotional injuries from the sexual abuse and will accept $500,000 in full settlement of all claims.

On June 28 Shumsky and an unnamed passenger, were arrested at the Douglas port of entry for driving a stolen vehicle and turned over to the Douglas Police Department along with the vehicle.

Shumsky’s claim states this is when the alleged sexual abuse started.

Martinez was placed on administrative leave, on August 3, 2012, for allegations of wrongdoing arising from a July 28, 2012 incident. This alleged incident involved a minor and was not related to Ms. Shumsky.

The DPD initiated an administrative investigation and immediately requested the assistance of the Cochise County Sheriff’s Office (CCSO) in conducting the investigation.

On November 6, 2012 Officer Martinez tendered his resignation from the City of Douglas police department, prior to the conclusion of both the criminal and administrative cases.

According to a statement from Lt. Kraig Fullen, interim chief of police, on December 3, 2012 the DPD was informed that the Cochise County Attorney’s Office declined prosecution in the case involving the minor.

There was not enough evidence to ensure a reasonable likelihood of a conviction and the victim did not want to testify, Chief Criminal Deputy, Doyle B. Johnstun said.

The administrative investigation in regards to the minor was concluded with evidence of misconduct and was subsequently classified as a “sustained” complaint.

While Martinez was being investigated on the complaint involving the minor a second allegation was revealed.

The details of the allegation were disclosed in the notice of claim. The investigating agency for Ms. Shumsky’s complaint is being handled by the Federal Bureau of Investigation.

Due to the ongoing investigation the FBI has withheld details but has advised the DPD that the case is progressing.

Numerous calls have been made to contact Ms. Shumsky’s attorney by the Douglas Dispatch personnel. There has been no reply from the attorney’s office.

“The Douglas Police Department has policies and procedures for investigating allegations of misconduct. We hold ourselves accountable to the public who has entrusted us with this service.” Fullen said. “The public demands that the conduct of its law enforcement officers be above reproach. In any case, whether it is a criminal or administrative case, the judgment of guilt or innocence should be reserved until all facts and circumstances have been brought to light.”

While the present allegations are extremely troubling, our community should rest assured that the alleged acts of Officer Martinez do not define the Douglas Police Department or the men and women in service here, Fullen added.

Copyright © 2013 Douglas Dispatch

Comments

    Jorge Medrano wrote on Jan 28, 2013 12:02 PM:

    " I totally agree I would not eat there even if they were to give a 50% to 75% off. Lousy services and poor attitudes are not good for a business especially if staff are always on facebook instead of making sure the tables are being taken care of. "

    She has family too wrote on Jan 25, 2013 2:47 PM:

    " I think that people should understand that there is also a family that has been devastated by the actions of this law enforcement official. The total disrespect for the Departments "Code of Ethics," along with his obstruction of justice, and lastly not to mention the sexual misconduct and abuse of power that this law enforcement officer exhibited. I am sure that his family is hurting too...but please remember HE IS NOT the victim, she is. "

    Pirtiville Resident wrote on Jan 25, 2013 1:33 PM:

    " And once again here goes Grand Cafe going after cheap publicity seriously with the way they left the entire pirtiville communiyt hanging on xmas I would be embarrased to even post comments like these. Grand Cafe really needs to hire a public relations company and stop going after CHEAP PUBLICITY STINTS like these. Better yet they should try to improve their customer service instead of wasting time on the computer. "

    your Nana wrote on Jan 24, 2013 5:52 PM:

    " All you posters need to mind your own business! Why does the dispatch choose to post these stories about "law allegedly gone wrong" and forget about printing stories about children missing etc... People will always need to talk about something and especially someone! If it’s not about your own family, its fair game huh? Que lastima Douglas, Allegations of something and you all salivate at the chance to put your two cents in. "

    tamalito wrote on Jan 18, 2013 9:45 AM:

    " @ Thin Blue line; Ugly does rub off. Law Enforcement Officers are human and subject to all that affects humans. But they are supposed to have much higher standards of behavior, integrity and courage to resist. They should also police themselves. But waiting for the truth to come out? In Douglas? Not likely. "

    Aquiles wrote on Jan 17, 2013 9:36 PM:

    " All the cities in the good old USA...have the police force..( plicemen )..they deserve. If the brook is noisy..it is because..it carries water...Amen "

    Thin blue line wrote on Jan 17, 2013 6:40 PM:

    " Tamalito wrote.." DPD has some very dedicated officers. We are fortunate to have them. They stand between us and many ugly things"

    Very well said... However, sometimes that "ugly" can rub off and infect those that stand that line.

    We just need to be patient and allow this to run its course. The truth will come out. "

    Well said wrote on Jan 15, 2013 12:13 PM:

    " Dear Well Said... none of the above just a well informed citizen. The Chief of police by the way is appointed by the Mayor and Council and you dont "run" for Chief. Again obviously you dont have your facts straight. Do the research.. there are DPD policies and procedures in place which Fullen clearly did not follow..and high qualifications and requirements to be Chief which Fullen does not possess.He is a good motor officer. Hopefully the Mayor and Council will do their due dilegence and hire the best qualified Chief they can find to avoid these types of incidents. "

    tamalito wrote on Jan 15, 2013 9:36 AM:

    " DPD has some very dedicated officers. We are fortunate to have them. They stand between us and many ugly things. It seems this lady will be ok and her health will improve with half a million dollars. I too have heard the rumors about him. I also heard the rumors about DUSD. (Douglas resident too wrote on Jan 12, 2013 7:51 PM:
    " Wow. I thought this nonsense only happened with the school district.) I worked there. Not all rumors are "just rumors". "

    Dear Well Said wrote on Jan 14, 2013 8:47 PM:

    " Do you really think Mr. Fullen would try to cover something up if he is in the running to become the Chief? Sounds like you hold a grudge against him. Did he arrest you? Write you a ticket? Not hire you at DPD?

    Simmer down. "

    fishy wrote on Jan 14, 2013 5:55 PM:

    " To Zamora, kinda "fishy" for you to admit you've known this Officer for that many years and supposedly KNOW all these details of his personal life. Ppl can NOT get enough of just talking smack just because they can! It's frustrating to "hear" all these lies being put out there of this man! "

    Skilled wrote on Jan 14, 2013 4:58 PM:

    " The process taken to investigate this allegation was inadequate. Why was the sheriff dept involved. This happened in July? This is not a county case it's a city of Douglas problem. There are many unanswered questions and speculations. This is a learning time for those involved to comprehend the damage it is causing this individual, his family,and to the City of Douglas.
    The officer's misrepresentation took advantage of the circumstance,and did not care of the seriousness and consequences he would cause to himself and to the city. I love Douglas. I'm from out of state and I tell you- every city sufferes at one time or another with employees that have distorted minds. Good luck Douglas. "

    Jackie Zamora wrote on Jan 14, 2013 6:48 AM:

    " To Former Douglas Resident. I agree that A. Martinez was a jerk. I've known him for many years and this isn't the first time that he has done this to women. I've known he has bribed and had some relationships with some shady females in town. In any event, this case still needs to get investigated. Its more concerning that he accosted a juvenile than this felon too. She doesn't seem to be all that innocent in all this. "

    Farley wrote on Jan 13, 2013 10:25 AM:

    " With a 'shaky' mayor when it comes to these accusations, rest assured that officer Martinez will be without employment after the smoke has cleared. "

    Douglas resident too wrote on Jan 12, 2013 7:51 PM:

    " Wow. I thought this nonsense only happened with the school district.I guess the entire town thinks this type of behavior, acusing people and passing sentence without knowing the full details, is fine. I've seen it before and here it is again. Unfortunately, the people who should provide the public with accurate information probably won't do so and the conclusion to this story will never be heard. This former police officer will only be remembered for this controversy and not for any good or exemplary work he has done during his years of service. The town leaders (which includes the police and fire chiefs) should be ashamed of themselves. "

    Jealousy is our Daily Bread wrote on Jan 11, 2013 2:48 PM:

    " Wow amazing how people destroy eachother. I know Art Martinez and also strongly believe he didn't do this. Its amazing how this person states she was sexually abused for 2 months when Mr. Martinez was on administrative leave 1 month and 5 days later. I believe Ms. Shumsky needs to learn her math amd get her stories straight. I wonder if $500,000.00 is what she needs for her case of stolen vehicle or if thats the price for a loss of memory. "

    former douglasan wrote on Jan 11, 2013 1:15 PM:

    " I think the accuser just saw an opportunity to get some money, from what I have read in these posts this officer served for 25 years. I haven't read about past allegations, if this retired police officer had a history of inappropriate behavior don't you think it would of come out by now? Sometimes after serving for so long and having your behavior scrutinized at the tail end of your career is enough to make you want to retire. Give him a break, consider the source and remember innocent until proven guilty! "

    ArizonaCowboy62 wrote on Jan 11, 2013 12:23 PM:

    " Why bother with all this publicity and talk about going to trial. In cases like this, the officer usually resigns (as in this case) but will be hired elsewhere (and probably with more pay). As we all know it, DPS protects and will accommodate for their own no matter how severe the charges are. Such a waste of time for a citizen to try and protect themselves. "

    Well said wrote on Jan 11, 2013 11:19 AM:

    " Dear Well Said, get your facts straight... Mr. Fullen had been appointed prior to this...and as a matter of fact was directly involved with this. As he stated to the Dispatch...the Adminstrative complaint was sustained...WoW! What a conclusion he can make on a complaint that was never formally made! Obviously the Cochise County Attorneys Office saw no wrongdoing or they would have proceeded with this allegation. Fullen did state that there is policies and procedures in place when there are any allegations or complaints against officers...unfortunately he did not follow them. Anyone can go ask and they would see that in order for a complaint to be taken it has to be submitted in writing...but in this situation it does not exist. Like i said makes you wonder about the competence and true motivation for releasing this information by the Interim Chief! The Mayor and Council should take a good look at who they are relying on to make such important desicions and Press releases. The Interim Chief has no Public Relations training. "

    Dear Well Said wrote on Jan 10, 2013 8:04 PM:

    " I believe mr. Fullen was appointed Interim Chief after this incident happened. Simmer down. "

    chimichanga wrote on Jan 10, 2013 6:46 PM:

    " True it's innocent until proven guilty. But what I find strange is that this woman basically said "I got sexually assaulted by a police officer and now i'm traumatized, but give me 500K and I will drop the suit, I will be just fine". A victim would want full justice for anything done to them. This makes me believe that all she wants is money. It will be interesting what the investigation will reveal if anything at all. If he is guilty then the punishment should be severe, if not the city should turn around and sue her. If she had been a law abiding citizen this wouldn't have happened. "

    to retired popo wrote on Jan 10, 2013 6:01 PM:

    " You should never assume anything. Any decent officer would know that. His retirement was not sudden. It had been planned for a long time. The fact that his new job availability occurred during the initial investigation has no bearing on guilt or not. You should remember what they say about assuming things because it's very true. "

    A friend.... wrote on Jan 10, 2013 5:55 PM:

    " When an Officer decides it's time to Retire NOT Quit, after giving this so called "city" almost 25 yrs of his life, it's TIME!!!! Assume all you want and accuse all you want, but NOBODY should be tried and hung before getting ALL the facts out there! This is the prime example of a "witch hunt" and this is whom they decided as "flavor of the month" so to speak. This Retired Police Officer should NOT have been put out on display in this manner. "

    Former POPO wrote on Jan 10, 2013 4:44 PM:

    " To Retired POPO, you seem to know alot about this issue regarding allegations. One thing you need to know is that this officer did retire, is getting his benefits and was never once forced out. But maybe you had some allegations too and retired to avoid the issues... RIGHT??? Dont make any forms of judgements when you have no clue what the case is about or what evidence there is.. He Retired and was not Fired or Resigned... That for sure is the truth that no one can dispute. "

    Retired POPO with honor wrote on Jan 10, 2013 10:50 AM:

    " When an officer suddenly retires or quits during an investigation it's because the officer was given the choice to quit or get fired. True, nothing has been proven against Martinez and criminals sometimes make false accusations but an innocent person doesn't quit. DPD is doing the right thing in cleaning their own house.If they don't , the feds will. Where there's smoke there's fire. "

    Allegedly wrote on Jan 10, 2013 10:37 AM:

    " It is wrong to list the officer based on allegations. Everyone is innocent until PROVEN otherwise. The lies, lack of evidence, and who the complaint is coming from should tell you alot about our system. Anyone can file a complaint and ruin someone's reputation without consequences. AND THIS HAS happened before, so many wrongly accused. We should all know not to judge or assume based on what we read/hear. This officer is a great person, dedicated and compasionate. "

    Well said wrote on Jan 10, 2013 7:24 AM:

    " Very well said Smear campaign and Really. It really does make you wonder about the competence of the person "Left In Charge". Yes we have the right to public record... but not all the facts are ever included. This Officer gave many years of dedicated service to this community but some people are just waiting to put down any law enforcement officer. And for the record this officer Retired and not Resigned as it is written...another way to make it seem he did something wrong. "

    Douglas Resident wrote on Jan 9, 2013 10:42 PM:

    " I always thought the police were here to serve and protect, now we have to protect ourselves from them? This officer has always been a creep. I am not surprised by these allegations. If he was innocent, don't you think he would have stayed working or been on suspended leave and not "retire"? Who are we kidding, some Douglas police officers are crooked one way or another, it has been proven time and time again. I feel sorry for his family, especially his wife and kids. "

    smear campaign wrote on Jan 9, 2013 3:56 PM:

    " DPD once again made fools of themselves. Listing an officer by name based on allegations that have yet to be proven. But when a true criminal is charged they never release the identity unless it is someone who won't narc on their buddies. The detectives are great at hiding their informants but are quick to throw a retired officer under the proverbial bus. All you DPD may want to consider CCSO as a better alternative. At least you will be respected enough to be warned if the bus is coming at you. "

    Really wrote on Jan 9, 2013 3:46 PM:

    " Well she was arrested for having a stolen vehicle and now blames the officer did something wrong to get out of her case and she wants $500,000 to settle out... Hummmmm... Wow.... and now people are going to talk about a retired officer who gave many years to this community and this is how he is repaid... Hummmm. Really. "

    Former Douglas Resident wrote on Jan 9, 2013 10:42 AM:

    " This officer was a creep back when I was in school there in the 90's! I'm surprised he has not had any complaints prior to now!!! Douglas has great officers, and I'm glad to see he is gone!! "

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