Cory Douglas Martinson, 40, was sentenced on Monday after pleading guilty to charges of property damage and disorderly conduct arising from incidents in December 2016.
Defense attorney John Furniss spoke on behalf of Martinson, the senior appeals and policy analyst with the Information Commissioner’s Office. Martinson was placed on paid suspension last month, his office confirmed Tuesday.
Mr. Furniss said Martinson was having problems at the time of his offending because of what was for him a traumatic divorce. “He was taking medication and unfortunately combined that with alcohol,” the attorney explained.
Magistrate Valdis Foldats accepted that the charges involved property damage and words – no violence toward any individual.
Crown counsel Greg Walcolm summarized the offenses.
On Dec. 9, Martinson damaged a door at the Jungle Bar and Lounge by kicking in a pane of glass in the door. The damage was valued at $230.
On Dec. 29, police received a report from a female tourist who had been snorkeling along Seven Mile Beach. She said a man had run directly at her and then attempted to jump on her. He then swam off toward a vessel about 400 feet offshore. She was distressed by the incident.
Police arrived and saw a man – Martinson – aboard the vessel and he appeared to be scattering items around. The officers attempted to procure a police vessel to go out, but none was available. Officers then approached a private citizen who had a boat nearby and they requested his assistance.
They went out and attempted to speak with the defendant, but he jumped into the water and began swimming away. The officers apprehended him “with some effort,” Mr. Walcolm noted. In the exchange, Martinson used disorderly language and told officers, “Nobody gives a damn any more.”
On shore, Martinson head-butted a police vehicle twice, causing $580 worth of damage.
The magistrate said someone as intelligent as the defendant would have known not to combine alcohol with his prescribed medication. Mr. Furniss suggested that this action showed his state of mind at the time.
The attorney said Martinson had paid for the door and stood ready to pay compensation for the police car dents. The defendant’s salary had been reduced “quite considerably” while court proceedings were ongoing, he added.
Mr. Furniss asked for a special result, given the “profound effect” these incidents could have on Martinson’s future.
The magistrate referred to various reports, not all of which were read aloud. He said the incident at the beach was a tremendous example of heroic action by private citizens and police in an emergency situation. One man had lent his boat without hesitation. An off-duty special constable had put himself at risk in the water, trying to save the defendant’s life. “He was fighting the ocean and fighting you,” the magistrate told Martinson.
The police had rescued him and then arrested him, as they should have, he continued. Afterward, Martinson had done everything right, cooperating with the probation officer and attending counseling.
He had an excellent letter of support from his employer, the magistrate summarized.
He ordered Martinson to perform 80 hours of community service and pay $500 toward the costs of prosecution.
He said no convictions would be recorded.