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WARRANT STATE OF LOUISIANA VERSUS Charles E. Martin 21TH JUDICIAL DISTRICT COURT PARlSH OF LIVINGSTON

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WM 10115/1949
SSN: xxx-xx-7236 24074 Martinez Dr. Springfield, LA

To the Sheriff or any legal officer: In consideration of the above described and attached AFFIDAVIT IN SUPPORT OF ARREST WARRANT: This court finds probable cause for the arrest of Charles E. Martin for the crime(s) of Obstruction of Justice, violating Louisiana Revised Statute 14:130.1, Injuring Public Records, violating Louisiana Revised Statue 14:132, Malfeasance in Office, violating Louisiana Revised Statue 14:134 and Criminal Conspiracy Louisiana Revised Statue 14:26. to Commit the aforementioned crimes, violating

ORDER
IT IS ORDERED, that the sheriff or any legal officer of the State of Louisiana should apprehend, arrest and book the above described accused, Charles E. Martin IT IS FURTHER ORDERED, that said Charles E. Martin shall be brought before this honorable court to answer this complaint. IT IS FURTHER ORDERED, that the Sheriff of Livingston Parish shall keep the said accused in safe custody pending a session of this court, or until released according to law. FURTHER, this document shall be your warrant to perform the above duties. Given under my official signature this

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day of ~-\

2011.

STATE OF LOUISIANA PARISH OF LIVINOSTON

AFFIDAVIT IN SUPPORT OF ARREST WARRANT Before me the undersigned notary public personally came and appeared Ernest Green, Criminal Investigator for the Louisiana Office of Inspector General (010), who after being duly sworn did depose and say that: On or about May 19,2011, the 010 initiated an investigation into a credible complaint of alleged public corruption which involved a local mayor and chief of police. The complainant was identified as Officer Ryan Weaver of the Springfield Police Department. In his complaint, Officer Weaver told 010 Investigators that Mayor Charles Martin and Chief James Jones conspired to conceal state evidence and obstruct the prosecution of an individual arrested for driving while intoxicated. According to Officer Weaver, on or about April 10, 2011, at approximately 11: lSpm, while performing patrol duties within the town limits of Springfield, La, he conducted a traffic stop of a motorist who was traveling South in the Northbound lane of La Hwy 22. The motorist
was later identified as Tyra Jones of 44038 S. Range, Hammond, La. Officer Weaver states that

the traffic stop concluded with the arrest of Ms. Jones for driving while intoxicated (OWl). Officer Weaver subsequently transported Ms. Jones to the Springfield Police Department which is located inside of Springfield Town Hall at 27378 Hwy 42, Springfield, La 70462. Officer Weaver further stated that, upon arrival, he began to administer an alcohol breathalyzer test to Ms. Jones for the purpose of determining the level of alcohol in her blood. The test is standard procedure in OWl investigations and is used to measure blood alcohol levels. Officer Weaver later administered the breathalyzer test through use of a state certified machine known as the Intoxilyzer 5000. Testing showed Ms. Jones blood alcohol level to be .185g%. That amount is more than twice the legal limit of .08g% for intoxication. After Officer Weaver had completed the test, Springfield Mayor Charles Martin arrived at town hall and approached the Officer about the arrest of Ms. Jones. Mayor Martin had received a telephone call from a close friend who requested help on behalf of Ms. Jones. Mayor
Martin asked the officer if he could give him (Mayor) some "help" in the matter.

Officer Weaver explained that he had placed Ms. Jones under arrest for DWI and testing showed she was extremely intoxicated. Officer Weaver also told the Mayor that the arrest and test results were documented and, accordingly, the Officer could not simply release Ms. Jones. Mayor Martin eventually left the building and Officer Weaver completed his investigation and transported Ms. Jones to the Livingston Parish Sheriffs Facility. Ms. Jones was subsequently booked on charges of driving while intoxicated (DWI) and reckless operation of a motor vehicle. The next day, on or about April 11, 2011, Officer Weaver was called into a meeting with Springfield Police Chief James Jones and Mayor Martin regarding his arrest of Tyra Jones. During the meeting Mayor Martin asked Officer Weaver why he would not assist him with the matter. Officer Weaver reiterated his previous position and explained that he could not assist with the release of Ms. Jones because she was extremely intoxicated and had been placed under arrest prior to the Mayor's arrival at town hall. Officer Weaver further explained that he was concerned about the dangers presented to the public and possible legal repercussions he could suffer if he released an intoxicated person. The Officer also explained that the Intoxilyzer 5000 is audited regularly by state officials and the machine documents all tests it is used to conduct. Mayor Martin persisted with the request and asked Chief Jones if there was anything that could be done to conceal the DWI arrest report and associated documents from the Livingston Parish District Attorney and State Department of Motor Vehicles. Officer Weaver states that Chief Jones informed the Mayor that it was possible to conceal the report ifhe (Mayor Martin) would contact Ms. Jones and persuade her to keep quiet about the incident. Officer Weaver further states that Chief Jones also told the Mayor that, in return for Ms. Jones's silence, the report could be "thrown away" and Ms. Jones's driver's license would be returned. Officer Weaver states that Mayor Martin agreed and, as he exited the Chiefs office, the Mayor indicated that he would contact Ms. Jones and explain the arrangement. After Mayor Martin exited the room, Officer Weaver states that he informed Chief Jones that he was uncomfortable with "making a OWl arrest disappear."

Officer Weaver said that he would package the DWI report and submit it to be processed in accordance with normal Springfield Police protocol. Officer Weaver states that Chief Jones responded by saying that he understood and would "take care of it." Approximately one week later, on or about April 18, 2011, Officer Weaver states that he was approached again by Mayor Martin. The Mayor asked ifhe would have a problem if the Mayor "took care of his friend" and "reduce the DWI to a reckless operation citation." Fearing retaliation, Officer Weaver states that he told the Mayor that he did not have a problem with anything he (the Mayor) decided to do. Moments later they joined Chief Jones in his office and discussed the matter further. Officer Weaver states that, during the meeting, Mayor Martin and Chief Jones instructed Officer Weaver to generate a citation for reckless operation of a motor vehicle and list the court location as Springfield Town Hall. Independent investigation of this incident by the OIG confirmed that Tyra Jones was booked into the Livingston Parish Correctional Facility on charges ofDWl and reckless operation on April 11, 2011. OIG's review of booking documents and related information verified the arrest. Our office's examination of records associated with the breathalyzer test given to Ms. Jones verified Officer Weaver's statement about the date and time of the test. On or about June 7, 2011, OIG investigators obtained a recorded audio conversation between Officer Weaver and Chief James Jones regarding the concealment ofTyra Jones DWI arrest. During the conversation Chief Jones informed Officer Weaver that he did not intend to submit the DWI report for prosecution. The audio tape further discloses that Chief Jones stated that the matter was "done" and that Ms. Jones paid a fine in Mayor's Court for reckless operation pursuant to Officer Weaver's April 18th citation. The recording also documents Chief Jones saying that the original DWl report and associated documents related to Ms. Jones's arrest would be placed in a "closed" file maintained within the Police Department The audio also records Chief Jones further saying that, if anyone asked about the file, he would say that he submitted it to the District Attorney's Office and was unaware of what happened to it after he turned it in. On the recording, Chief Jones states: "what are they gonna do? ...how are they gonna dispute that. .. they can't say that Ididn't turn that
mother fucker in."

Officer Weaver expressed concern over concealment of the arrest report. On the recording, Chief Jones makes an effort to assure Officer Weaver that the plan was legal, saying that the Mayor had the authority to amend misdemeanor DWI offenses. Further, Chief Jones referred to a Springfield town ordinance that he asserted made the Mayor the "Judge" and, as such, the Mayor could amend the offense. On or about June 14,2011, pursuant to an undercover operation, 010 investigators contacted the Springfield Town Hall and inquired about the adjudication of driving while intoxicated offenses in Mayor's Court. The Town Clerk informed investigators that individuals arrested by Springfield Police for DWI offenses are not prosecuted by Springfield Mayor's Court. Investigators were instructed to contact the Livingston Parish District Attorney's Office for questions regarding adjudication ofDWI offenses. The information provided by the Town Clerk is in accord with state law, as noted below. State law prohibits DWI in La. R.S. 14:98; and state law, specifically La R.S. 13:1894.1(B), expressly prohibits jurisdictional authority for Mayors' Courts over OWl offenses. La. R.S. 13:1894.1.(B), provides in pertinent part: "mayors' courts shall have no jurisdiction whatsoever over violations as provided for by R.S. 14:98. nor to the trial of offenses against municipal ordinances relative to prosecutions on charges of driving while intoxicated." On or about June 22, 2011, 010 and FBI investigators interviewed Mayor Charles Martin, Chief James Jones and the town clerk about this matter. During Chief Jones' interview, he acknowledged that he was aware of Tyra Jones' arrest for driving while intoxicated. Chief Jones admitted that he concealed the report in his office and did not intend to submit it to the Livingston Parish District Attorney for prosecution. He also admitted that the report was intentionally concealed from the Louisiana Department of Motor Vehicles. Chief Jones explained that in response to a request from Mayor Martin, he had a meeting with the Mayor and Officer Weaver about the arrest. Chief Jones stated that as a result of the meeting, they agreed that the Mayor would allow Ms. Jones to pay a fine for violation of a Springfield Town ordinance which would be listed as "reckless operation". Chief Jones agreed to conceal the DWI report from the District Attorney and Department of Motor Vehicles. Officer
Weaver was instructed to generate a citation for reckless operation which the Chief later issued

to Ms. Jones. After Ms. Jones signed for the citation, Chief Jones returned her driver's license.

During his conversation with investigators, Mayor Martin admitted that he knowingly committed illegal acts related to Ms. Jones arrest. He also admitted that he was aware that the prosecution of OWl offenses was not within the jurisdiction of Springfield Mayor's Court. Mayor Martin explained that he received calls from two close friends who requested assistance for Ms. Jones. Because the request came from two good friends, Mayor Martin said that he spoke with Chief Jones about the arrest. According to Mayor Martin, Chief Jones told him that the OWl paperwork for Ms. Jones had not been sent in yet, and suggested that they not send it in. Mayor Martin said that the Chief told him "if it don't get sent in, nothing will get done with it". Mayor Martin admitted that he and Chief Jones agreed that the OWl report and supporting evidence would not be sent in to the District Attorney and State Department of Motor Vehicles. Mayor Martin also admitted that they agreed and instructed Officer Weaver to generate a reckless operation citation which would be issued to Ms. Jones. This would allow Ms. Jones to simply pay a fine to the Town of Springfield and the matter would be over. Evidence obtained during this investigation revealed that Springfield Mayor Charles Martin and Police Chief James Jones intentionally misused their authority and positions of public trust. Further, evidence revealed they knowingly engaged in illegal activities which were designed to obstruct state prosecution of Tyra Jones arrest for driving while intoxicated (OWl). Through their own admissions, they agreed to the concealment of an arrest report and supporting evidence related to Tyra Jones' arrest. Additionally, a phony Springfield Police Department citation was filed in Mayor's Court and adjudicated by Mayor Martin who had knowledge of the false document.

SIGNED:

_____.;C:IC~....;;;_tL~4~/:-----Ernest Green, Criminal Investigator Louisiana Office of Inspector General

Sworn to and submitted to me this

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day of~~:r,ar=:~

2011.

Notary Pubhc