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