Tony Martin (right) and his defense attorney John Long talk after being sentenced. JEFF JANOWSKI/STAFF

Martin's resignation ends controversy

Web posted September 11, 1999

By Sandy Hodson
Staff Writer

The controversy boiling over the rehiring of an Augusta commissioner's son who was convicted of stealing city property ended Friday when the man resigned.

Tony Martin tendered his one-line resignation letter shortly after a court hearing Friday at which time his attorney conceded Mr. Martin did have a prior theft conviction on his record, contrary to Mr. Martin's previous denials.

``I hereby resign from my position as operations manager with the Department of Trees and Parks,'' Tony Martin, 32, wrote to his boss Friday.

Just last week, the Augusta Personnel Board gave Mr. Martin his job back, over the objections of city officials, including City Administrator Randy Oliver who fired Mr. Martin on Aug. 12. Three weeks before, Mr. Martin pleaded guilty in Richmond County State Court to theft by taking, a misdemeanor.

Mr. Martin was allowed to plead guilty to a misdemeanor and was granted First Offender status upon assertion the Jan. 26 theft of 10 county-owned azalea bushes was his first criminal offense. However, suspicion soon arose that it wasn't Mr. Martin's first criminal offense, The Augusta Chronicle learned after the Aug. 25 personnel board meeting.

State Court Judge Richard Allen Slaby ordered Mr. Martin back to court Friday for reconsideration of his sentence.

``Mr. Martin has attempted to hoodwink the court,'' said Solicitor Sheryl Jolly. Since her office first raised the question that Mr. Martin was the person arrested and convicted under the First Offender Act in 1987, Mr. Martin has insisted it was his brother, not him, who committed that crime, she said.

Richmond County Sheriff's officers, court clerks, probation officers and Ms. Jolly's staff spent numerous hours trying to verify the simple question of who was arrested and convicted in 1987, Ms. Jolly said. Their joint investigation turned up not only 1987 fingerprints which matched Mr. Martin and his photograph taken during the 1987 booking process, but also information taken by a probation officer at that time and a written history of payments on fines, she said.

``We do not dispute the fact (Mr. Martin was arrested and convicted in 1987),'' said his defense attorney, John Long. ``He told me about being arrested with six other people ... but when he got to court he thought it (the theft case) was dismissed.''

Judge Slaby expressed skepticism that Mr. Martin would simply forget he had been arrested in 1987, saying some things a person doesn't forget and an arrest is one of them.

``It bothers me, quite frankly, that he stood mute ... this court was misled,'' Judge Slaby said. He would take that fact and the considerable effort and expense on the state to prove it when resentencing Mr. Martin, the judge said. He gave Mr. Martin the option of withdrawing his guilty plea, but Mr. Martin declined.

Judge Slaby resentenced Mr. Martin to 12 months probation, the same as his original sentence, but the judge increased the fine to $625 and increased the community service to 60 hours. His original sentence July 22 called for a $250 fine and 20 hours of community service.

Sandy Hodson covers courts for The Augusta Chronicle. She may be reached at (706) 823-3226 or shodson@augustachronicle.com.