Indictment in fatal Washington County tasering quashed

A judge on Tuesday threw out an indictment charging three former Washington County deputies in the death of a 58-year-old mentally ill man who had stopped to ask a stranger for water.

Three former Washington County deputies — Michael Howell, Henry L. Copeland and Rhett Scott — were indicted in December on charges of felony murder, false imprisonment and aggravated assault after they tasered Euree Lee Martin and he died. The three deputies were later fired.

Superior Court Senior Judge H. Gibbs Flanders Jr. dismissed the indictment because a court reporter was not in the grand jury room to transcribe testimony presented in December.

District Attorney Hayward Altman of the Middle Judicial Circuit said he will present the case to a new grand jury that convenes either the first week of March or the first week of June.

In arguing against the defense attorney’s motion to quash the indictment, Altman said state law gave him discretion as to whether grand jury testimony would be transcribed. He said the defendants enjoyed the same “benefit” of getting a transcription of testimony if they were given copies of statements and evidence in advance of the closed session.

The judge disagreed. “While the substance of the information in general may be the same, discovery in a criminal case is no substitute,” Flanders wrote.

“It’s just a temporary setback and delay in the case,” Altman said. “We’ll just represent it and go from there.”

Muwali Davis, the attorney for the Martin family, said relatives were confident the three former lawmen would be indicted again and “this process for justice for his family will continue. It’s unfortunate. (But) we believe, ultimately, justice will prevail and the family will get its day in court.”

While the law would allow the three deputies to testify, unchallenged, before a grand jury, the three opted not to appear.

“When a police officer is presented to the grand jury for indictment for conduct which took place during the lawful performance of his/ her duties, the law mandates that a court reporter be present in the grand jury proceedings,” said Shawn Merzlak, Howell’s attorney. “Obviously, having raised the issue on behalf of all of the defendants, we firmly believe in the judge’s decision in this matter.”