Mayor sued by former officer
10/18/2000
ST. MARTINVILLE – Former Police Officer Cary Jones filed suit last week against Mayor Eric Martin, whose comments last year that Jones was too aggressive and was using steroids when he arrested a city councilman 'implied malice' and caused Jones a 'loss of reputation.'
The lawsuit filed Oct. 11 in 16th Judicial District Court, asks for unspecified damages.
Jones, who drew his pistol during a Nov. 5 1999, arrest of City Councilman Douglas Francois was accused publicly by Mayor Martin of showing a pattern of aggressiveness, which the mayor said could be caused by Jones' use of steroids.
Martin initially suspended Jones without pay, but a week later the City Council voted to suspend him with pay, pending a State Police report into Francois' arrest for resisting arrest violently after he confronted Jones, who was issuing a traffic ticket to a motorist on Francois' lot at Pearlie's Complete Stop Shell on South Main.
Martin ordered Officer Jones, a bodybuilder, to undergo an anabolic-steroid drug test, the results of which were negative.
Then, on Dec. 17 Louisiana State Police report cleared Jones of any wrongdoing, saying the officer 'acted within the scope of his duties and was justified in drawing his weapon.'
Jones had stopped a New Iberia motorist for running a red light at about 11 p.m. Friday, Nov. 5. Both Jones and the driver pulled into Francois' convenience store parking lot.
'Francois confronted Jones about the stop and refused to move away after being asked to do so by Jones,' according to State Police Lt. Paul Perry.
'Francois resisted Jones by not letting Jones handcuff him… (and) this action caused a crowd to become agitated and surround Jones, putting him in a serious situation,' the report said.
After the report, the City Council rescinded Jones' suspension and reimbursed him for legal fees and the drug test.
Jones, a Broussard resident, resigned from the SMPD early last year after just more than a year of service here. Chief Steve Champagne at the time said the department was losing an 'outstanding' officer.
In March, Francois pled guilty to resisting arrest by interfering with a police officer. He was sentenced to six months unsupervised probation and ordered to forego one month's salary of $600 as councilman.
According to the suit filed by attorney L. Clayton Burgess, Mayor Martin 'implied malice by publicly stating that Cary Jones was on steroids, an illegal substance.'
Jones suffered 'embarrassment, humiliation and a loss of reputation' because of the accusations by the mayor.
'My position is the same,' the mayor said Tuesday. 'I had gone to the chief numerous times before the Douglas Francois incident, but every incident (with other citizens), in my opinion, was overly aggressive.'
The mayor spoke to the chief, who said Jones was acting within the scope of his duties, even during a typical arrests that involved force.
'When he drew his gun, that certainly was overly aggressive,' Mayor Martin said.