Exclusive: Charges dropped against Chester firefighters who fought sheriff

The state Attorney General’s Office has declined to prosecute two Chester volunteer firefighters arrested a year ago after a scuffle with Chester County Sheriff Alex Underwood and top deputies during an argument over whether to close a highway during a winter storm.

Assistant Deputy Attorney General Creighton Waters said there was not enough evidence to obtain convictions on assault and disorderly conduct charges against West Chester Fire Chief Andy Martin and his brother, Tommy Martin.

The Martins and other firefighters claimed that Underwood and his deputies overstepped their authority at a the scene of a crash, where a tractor-trailer had skidded off an icy highway. They maintained from the first day that fire chiefs are in charge of such incidents.

The refusal to prosecute appears to be a victory for the firefighters and a setback for Underwood, who claimed last year that the firefighters were the aggressors and had crossed a line by pushing officers and making demands.

The scuffle was captured by a Highway Patrol dashboard camera and made headlines around the country.

The Martin brothers are “pillars of their community who have proudly served others,” said their lawyer, Dan D’Agostino of York, and they continued to do so after the incident. Both are happy to put the incident behind them, he said.

“Tommy Martin and Andy Martin did not violate the law, and we are happy to see that the cases are ended,” D’Agostino said. “We are glad that SLED had the opportunity to fully investigate this matter and that the Attorney General’s office has dismissed the charges, which was the right decision.”

Andy Martin declined to comment on the dismissal of the charges. Efforts to reach Tommy Martin were unsuccessful Wednesday.

Richburg Fire Chief John Agee, president of Chester County’s Fire Chiefs Association, stood behind the Martins from the beginning.

“We had full faith and confidence in the system,” Agee said. “This really shows that these volunteers are out here doing a job for the community, and they have to be able to do their job.”

The State Law Enforcement Division investigated after both sides sought an independent inquiry. Chester County residents appeared split between support for volunteers who are crucial to assisting the public in emergencies and police who are vital to public safety and protection.

The Attorney General’s Office notified SLED Wednesday that the charges had been dismissed after a year-long investigation.

“While probable cause may have existed for arrests from the incident,” Waters wrote in a letter to SLED. “Given the totality of the circumstances, this office does not believe there is enough evidence to prove these cases beyond a reasonable doubt.”

Underwood did not call the decision a victory or a defeat.

“It’s my job to establish probable cause and make an arrest only,” Underwood said. “I am happy that I have met that burden of proof. I am also happy that the Attorney General’s Office has made a decision so we can move this county forward to more positive things”

Other than a few dozen Chester city firefighters who are paid, the hundreds of firefighters who handle fire and emergency calls in the county of 32,000 people are all volunteers.

Andy Martin has led the county’s rural fire board, and Tommy Martin is a former Chester County Councilman and school board member. Combined, the Martins have 85 years of volunteer service to Chester County.

After the Feb. 14, 2014, crash, Andy Martin, who was in charge of the scene, wanted the road shut down until the scene was cleared up. When state troopers and deputies declined, Andy Martin made a statement on the emergency radio about the 2016 election, when Underwood would have to run again for office. Underwood initially won election in 2012.

Underwood and two of his top commanders arrived at the scene minutes later, and a confrontation between the Martins and police ensued. Words were exchanged, then pushing and shoving. Underwood and deputies said at the time that Tommy Martin said, “F--- the police, put me in jail,” and that Tommy Martin pushed Underwood.

Chief Deputy Sheriff Robert Sprouse and a sheriff’s major also were involved. Both stated in a police report that neither of the Martins would obey police commands.

There was talk at the scene about a court dispute at the time that involved a power struggle between Chester County politicians and the sheriff’s office over control of the 911 emergency dispatch system.

The Martins were detained in handcuffs at the scene for a few minutes before they were freed to continue to clear the wreck.

Mark Moore, a former federal prosecutor hired by the Fire Chiefs Association, said the fire chiefs appreciate the energy, effort and judgment used by state prosecutors to review the case and dismiss the charges.

“We knew when we asked the attorney general and SLED to review this, they would do a full and complete review and reach a fair and just conclusion,” Moore said. “They have done that today.”

In disputing the charges last year, Moore cited state law that puts a fire chief in charge at crash scenes, and gives him the authority to remove anyone from a scene – including police.

This story was originally published February 25, 2015 at 8:31 PM with the headline "Exclusive: Charges dropped against Chester firefighters who fought sheriff."