The autopsy report also determined that Martin had “acute ethanol and marijuana intoxication” at the time of his death and his blood alcohol concentration was 0.388. It is illegal in Ohio to drive with a BAC of .08 or above, according to state law.
UPDATE @ 6:32 p.m.
A Montgomery County grand jury Friday declined to indict two Montgomery County sheriff’s deputies who fatally shot Dontae Martin, a man authorities said was heavily intoxicated when he pointed a handgun at deputies.
Martin crashed his car July 23 outside 318 Springbrook Blvd. in Harrison Twp. The deputies had been dispatched to investigate when the shooting occurred.
Attorney Michael Wright, who is representing Martin’s family, said he wasn’t surprised by the grand jury’s decision, but added that the family is still seeking answers.
“I can’t say we are surprised, but we are interested in still trying to determine what happened that evening,” Wright said. “To this date, the family doesn’t know what happened. We made a lot of public records requests. We want to give the family answers. We are interested in getting the information we can obtain to determine why the grand jury came to this determination.”
Sheriff Phil Plummer called for calm following the grand jury’s decision. “The officers acted in self-defense,” he said. “This is a tragedy for everyone involved. Our prayers go out to the officers involved and the Martin family.”
Said Plummer: “I’m asking all faith leaders to stand up and protect the community.”
The grand jury Friday returned a no true bill, finding the deputies acted in self‐defense, according to a release from Montgomery County Prosecutor Mat Heck Jr.’s office.
Sheriff’s deputies Gust Teague and Joshua Haas were responding to a 911 call reporting that Martin’s vehicle ran off the road and struck a parked car in a residential driveway.
The deputies told the grand jury that when they approached Martin’s vehicle, he was holding a loaded handgun and ignored repeated commands to drop the weapon.
Martin, Plummer said, raised the handgun and pointed his weapon, which he had legally purchased at a local gun show, at one of the deputies.
In fear for their lives, the deputies discharged their duty weapons, the prosecutor’s office said.
Plummer said deputies recovered a 20-round FN Five-seveN semi-automatic pistol after the shooting loaded with armor-piercing bullets.
Martin, who could legally own a firearm, did not have a conceal carry permit. His DNA was recovered from the firearm, Plummer said.
Testing by the Coroner’s Office determined that Martin’s alcohol level was .338, many times the level of intoxication considered over the legal limit of .08 to drive.
Martin, 34, a fiancé and father of six children, was pronounced dead at 1:34 a.m. at Grandview Medical Center. He died from multiple gunshot wounds originating from opposite sides of his vehicle, the Montgomery County Coroner’s office has said.
“The grand jury considered all the evidence gathered from an extensive investigation of the matter, including testimony from a total of 14 witnesses, including deputies and a number of civilian eyewitnesses,” according to the prosecutor’s office. “The grand jury also considered forensic evidence gathered from ballistics, DNA testing, autopsy findings, and toxicology testing in reaching its decision.”
UPDATE @ 4:12 p.m.
Three days of testimony and evidence were heard by a Montgomery County grand jury before the group declined to indict two Montgomery County Sheriff’s deputies involved in the shooting death of Dontae Martin the night of July 23 outside 318 Springbrook Blvd., Harrison Twp.
The grand jury Friday returned a no true bill, finding the deputies acted in self‐defense, according to a release from the prosecutor’s office.
Sheriff’s deputies Gust Teague and Joshua Haas were responding to a 911 call in which the vehicle Martin was driving reportedly ran off the road and struck a parked car in a residential driveway.
When the deputies approached Martin’s vehicle, he was holding a loaded handgun and ignored repeated commands to drop the weapon, according to a release from the prosecutor’s office. Martin reportedly pointed his weapon at one of the deputies.
The deputies were in fear for their lives and discharged their duty weapons, according to the release.
“The grand jury considered all the evidence gathered from an extensive investigation of the matter, including testimony from a total of 14 witnesses, including deputies and a number of civilian eyewitnesses,” according to the prosecutor’s office. “The grand jury also considered forensic evidence gathered from ballistics, DNA testing, autopsy findings, and toxicology testing in reaching its decision.”
The prosecutor’s office said Martin was not legally barred from owning a firearm. However, no one is permitted to possess a loaded firearm in a vehicle without a CCW permit, which Martin did not have.
UPDATE @ 3:30 p.m.
A Montgomery County Grand Jury has opted not to indict Montgomery County Sheriff’s deputies Gust Teague and Joshua Haas, who fatally shot Dontae Martin multiple times in July.
FIRST REPORT (Nov. 20)
The family of a man two Montgomery County deputies shot and killed in July are awaiting the results of a grand jury decision, the family’s attorney said Friday morning.
The grand jury met this week and listened to testimony and reviewed evidence to determine whether or not to indict deputies Gust Teague and Joshua Haas for killing Dontae Martin, Attorney Michael Wright said, noting that Martin’s family has not been told when the grand jury will announce its decision.
“They are hopeful that there will be an indictment, but we will just wait and see what the results are,” he said.
The shooting occurred when Teague and Haas responded to a single-car crash on Springbrook Boulevard in Harrison Township on July 23.
A woman called 911 to report that a vehicle had driven off the side of Springbrook Boulevard and into another car that was parked in a driveway.
The two deputies approached Martin’s vehicle with a flashlight and claimed Martin, 34, pointed a gun at them, Sheriff Phil Plummer has said. Teague and Haas then ordered Martin several times to drop the weapon, and when he failed to comply they shot him, the sheriff said.
Martin, a fiancé and father of six children, was pronounced dead at 1:34 a.m. at Grandview Medical Center. He died from multiple gunshot wounds originating from opposite sides of his vehicle, the Montgomery County Coroner’s office said.