"He shot this man in the back. That's not self defense," said friend, Brandon Davis.
Police say Mississippi deputy John Logan shot Mark Martinez (right) of Louisiana who was reportedly fondling a female friend. But Martinez's friend says there was no groping,
MEMPHIS, TN -
(WMC-TV) - Police say Mississippi deputy John Logan shot Mark Martinez of Louisiana who was reportedly fondling a female friend. But Martinez's friend says there was no groping, and that they all thought the woman in question was a man.
Brandon Davis says it all happened so fast, when a woman on Beale confronted his coworker Mark Martinez.
"We were out having a good time," said Davis. "She's like, 'What did he say? Tell him to come here.' "
Davis claims Deputy John Logan charged at Martinez.
"He's like trying to fight and I'm like, 'Man, just back up,' " added Davis.
That is when he says the deputy and Martinez started fighting on the ground. Davis says he pulled Martinez away and the woman began shouting. He says they started running away and Martinez was shot in the back five times.
Martinez is now in the hospital, and his condition has been upgraded from critical to serious. The police report says Logan ran off and officers later caught him.
District Attorney Amy Weirich says due to witness statements, Deputy Logan cannot be charged.
"It was a very unfortunate set of circumstances. Thankfully, the victim didn't die. Thankfully, no one else was hit," said Weirich. "As prosecutor, we have to be able to prove that it wasn't self defense before we can charge anyone. We are unable to prove that. Because of the law, we cannot charge the shooter in this incident."
The police report says during the fight, two other people joined the attack against the deputy and that led to the shooting. Weirich says both were intoxicated. The law says you cannot carry a gun while intoxicated.
"We still have to be able to prove it's not self defense," added Weirich.
Weirich says the case is pretty much a done deal, unless new information comes to light. The Pontotoc sheriff says Logan is on paid administrative leave until the case is closed.
Davis says his friend's life is over as he knows it. Martinez is a laborer who builds scaffolds and the injuries mean he cannot provide for his family a long time.
"He shot this man in the back. That's not self defense," said Davis.
Friday, August 29 2014 6:22 PM EDT2014-08-29 22:22:53 GMT
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