Updated: 04/03/2013 3:34 pm EDT–A senior at Washington College, Anthony Martino, 22, has been charged with two counts of first-degree assault and one count of reckless endangerment for a fight that occurred between him and an off-duty state trooper, Daniel Baxter, at Washington’s Tavern on High Street on March 22.
Baxter, 29, was flown to University Maryland Shock Trauma after being struck unconscious by Martino, who went home to Media, Pennsylvania after the incident.
The charges against Martino carry up to 40 years in prison if convicted.
Martino was released by Pennsylvania authorities on an unconfirmed $200,000 bond on March 26 and later turned himself in to Chestertown Police on April 2. He was released on $5,000 unsecured bond.
Baxter has not been charged in the incident and has returned to duty.
Accounts from several students indicate that Baxter had not identified himself as an officer throughout the altercation and that Baxter had an “equal role” in an altercation where “alcohol was involved.”
Chesterton Police Chief Adrian Baker told the Spy that Baxter identified himself as an officer moments before Martino threw the final punch that ended the fight.
The Statement of Charges alleges that Martino was the aggressor. Baxter’s girlfriend, Kelly Michelle Hurd, told investigators that Martino made comments to Baxter on the dance floor. When Baxter told Martino to back off, Martino struck Baxter in the face.
Hurd said the two men then wrestled around on the floor and Martino slammed Baxter’s head partially through a wall, according to the Statement of Charges.
It was at this point “that multiple people jumped on top [and] no one was sure whether they were breaking it up or not,” Hurd said.
John Riley, the bouncer for Washington’s Tavern, broke up the fight and asked Martino to leave, but Baxter then identified himself as an officer and directed Riley to stop Martino from leaving. It was then that Martino struck the knockout blow to Baxter, according to the charges.
A fellow student of Martino, who asked for anonymity, described Martino as “a very gentle soul.”
“He is very calm and laid back. He would only act if he was threatened,” the fellow student said. “He is very docile and doesn’t have an aggressive personality by any means.”
The Spy has learned that Baxter too has a laid-back personality as well as an impeccable service record.
It is because of Baxter’s service record that Kent County State’s Attorney Robert Strong called for a special prosecutor to take over the case.
“We want to avoid an image of professional impropriety based on our close working relationship with Trooper Dan Baxter.”
A preliminary hearing is scheduled for April 25.
Jack Elliott contributed to this story.
Noble Woolford says
There is no other person more honorable or honest than Robert H Strong he will do the right thing for the people involved
& according to the written law.
joe diamond says
Guys fight in bar = State’s Attorney AND a special prosecutor?
Really?
Joe
RD Sweetman says
Joe:
Not “Guys fight in Bar” but “Off duty State Trooper and College Student fight in Bar”.
If they had fought and had their ego’s bruised it would’nt elicit much publicity, but because the
trooper was flown out (which was at a considerable taxpayer expense…), plus even though he
was off duty, he is a sworn representative of the State of Maryland Law Enforcement side.
And it won’t be the State’s Attorney AND a Special Prosecutor, but only a Special Prosecutor.
Strong has worked with Trooper Baxter in numerous legal proceedings in court, so it would be highly
improper for him or his office to prosecute the case if that’s what indeed does occur…
Times have changed in the last few years, but prior if a College Student was charged with anything
semi-serious, such as driving drunk, or a Bar Fight, or breaking into someones house drunk or on
drugs, they were handled with very very tender gloves so as to not infringe on their career
advancement potential with a criminal record hanging over them…I witnessed it happen many many times…
Off Topic, a number of years ago I remember a Saudi Arabian student who got drunk one night, drove in like manner
in his Mercedes Benz and damaged numerous vehicles, and did extensive lawn and landscape damage to several properties
along Washington Ave. He was apprehended, but no charges were ever filed. Why? he was the son of a Saudi Arabian Prince
diplomat, and was therefore immune to any prosecutions.
joe diamond says
RD,
I am aware of what you say……….I grew up in Washington, D.C. ; land of diplomatic immunity and “professional courtesy.” So I don’t see this one rising to the level of bail in two states, or the special prosecutor. I don’t see charges that could the (22yo) kid in jail for up to forty years. I would look for some kind of pre trial evaluation of the (22yo) college kid. He became pretty violent. Was this the first time? He needs to come away from this realizing he is now an adult He needs to be able to confront himself about his conduct.
And don’t have a lot of information about the conduct of the officer prior to the fight. Was there anything that prevented him from telling his companion they were leaving….and then going somewhere else?
We are getting into hindsight here. Would this have been handled differently if the participants had not been who they turned lout to be? You are correct in pointing out these two are not just “guys.” Each should have been able to control the situation better. Then there is the alcohol thing.
Joe
Rick Valentine says
This article is ridiculous and clearly bias.
It doesn’t even begin to paint a full picture of what happened at the bar that night. Obviously the cops are going to make stuff up to cover their own a**, and its not like the Chestertown Police Department is known for being fair in the first place.
It is a shame that the corruption in this town has permitted such behavior on behalf of those that are supposed to protect and serve both the community and the students.
Daniel Menefee says
Reporter Note:
Thank you for commenting Mr. Valantine. The Spy will continue to follow the story, as we have been working intensely to contact witnesses at the bar who are willing to come forward, which regretfully has not happened to date. I stand by my story as it was assembled from public documents and sources who came forward.
If you or others have information about this case, I encourage you to contact me at 410.810.4085 or [email protected]. I will guarantee confidentiality.
Petey Bestmom says
Rick, I don’t know any of the circumstances of the fracas. Nor any of the principals imvolved in this. I do know this: MSP command types do not look favorably upon sworn officers getting involved in drunken barroom brawls while off-duty. Regardless of who may have “started” it.
Trooper Baxter will be under the scrunity of internal affairs for his part in this embarrassing incident. MSP does not like incidents like this because it tends to be, er, somewhat damaging for the all-important public image!
So, no matter the outcome of the criminal case against the student, the complainant in the case, the unfortunate Trooper Baxter, may as well start packing his bags. Oh, he won’t likely be dismissed from his job.
Just a quick transfer to the JFK Barrack on I-95. Long-known for its history as the “Discipline Barrack” for errant Maryland state troopers.
joe diamond says
Rick?
Is there something more you would like to share?
This does no seem to be a big deal. First………there is no human endeavor that cannot be made stupid by adding alcohol. Second………somewhere around junior HS guys are encouraged to keep their hands to themselves. Then there is the idea that converting words into physical actions at social events is not nice.
You might want to write down your thoughts and get them to one lawyer or another………they do have to share evidence, you know?
Joe
Chris Crabtree says
Rick, I think the police “protect and serve,” not just “serve.”
The legal system needs to do its work.
Stephan Sonn says
There have been fights in barroom alleys and inside, forever.
The bio’s of these two do not seem to fit the usual suspect list.
So there must be a twilight zone aspect hereabouts.
When I was a kid we drove to Miami from NY to start fresh as a family
My Father was a Brooklyn beat cop and it was a speed trap
and a local sheriff.’s deputy in 1947 rural Georgia and cop v cop.
The Hick called my dad a Christ Killer and insisted we all had horns
But that was 1947 and somehow my mother got us on the road again.
My mom and one of the $50 bills she carried
joe diamond says
Stephen,
I too am reminded of absent friends and old bar fights. I was told of a man who graduated from one of the American military academies. As part of graduation celebrations in Manhattan this fellow found a need to punch a cab driver and an NYPD officer. He was arrested and released to the custody of his commanding officer. He continued his military career with distinction and without further brawling. His military career ended with honorable retirement twenty years later while classmates continued to climb in rank. He was weeded out of consideration for higher rank and retired because other candidates had no public displays of conduct unbecoming an officer in their records.
And we have not heard from the tavern keeper. Part of the responsibility of those who hold liquor licenses is to deny service…even admittance to those who are intoxicated. We have not heard that story yet. Wait till the lawyers get rolling.
Good news. Interstate 95 makes it harder for the Great State of Georgia to do what they used to do with traffic.
Joe
Stephan Sonn says
Jo eI wonder how much Dixie has changed in 65 years?
joe Diamond says
Stephen,
I suspect, with much proof, it is a better place! Since we are here in (North) Dixie we may not notice because we are only slightly below the Mason / Dixon Line; Dixie…….however…..I was once moved to tears by the change. As a Sunday School (Church School) teacher I was confronted by the teen aged son of a prominent WASP. “I don’t understand any of the decisions around here that have been based on skin color? It is just dumb! They had slaves here? How could that happen?”…………..For a white Anglo Saxon Protestant young man to ask that question on the Eastern Shore of Maryland speaks volumes!
Also, right here, I have been saddened by the lack of movement that has taken place in certain places around here.
But I have a good feeling about an evolution that has taken place in law enforcement. There will be wrong-headed actions but the chances of them be racially biased will be less. The chances of your story being repeated are less. They may just confiscate your car because they want it.
We digress!
Joe
Mike Johnson says
There is not near enough information in this article to see clearly who is culpable. That said I think being an undercover police officer knows part of the job may be physical confrontation. Maybe Trooper Baxter needs to spend more time in the gym and less in the bar. For the respondents that think all law enforcement personnel are all good, all the time. Listen to two Drive By Truckers songs and call your shrink in the morning.
joe diamond says
Hi Mike,
I have never been a cop but know about a dozen friends and relatives who were or are on some sworn police department. A few were on several as promotions came along. Some were in police work but are now retired. Some are just beginning careers. If I could point to a common characteristic of the ones who served a full career and were promoted until retirement I would say it was the ability to put the job away when they were off duty. They were active in community affairs and available to their families. They were able to overcome the demands of shift work and the stress built into the job. They did not ever socialize in the aresa they were tasked to police. Only close friends and relatives even knew what they did for work.
That said, others had personal problems that they struggled to keep from interfering with their jobs. They attempted to solve off-duty issues with their police skills. They tended to hang out with other cops in cop bars after their famalies had moved along without them. I’ll try to find some Drive By Trucker songs and pass them along.
Thanks for your service.
Joe
Mark Madson says
This article does not bring enough evidence to the forefront. As someone who knows the FACTS to this matter, I know that the person who was the cause will be found guilty. Whether or not this person has serious repercussions will be up to the justice system. All that I know is that sometimes the officers that protect us are not always the perfect people outside of their on-duty hours. In this situation, the real criminal will be found out due to the facts of the situation and that will show who was at fault.