(WHAS11) - An Adair County man and his grandson are suing a former Kentucky State Trooper, claiming that the officer violated their rights, falsely arrested them and even threatened to kill them.
They claim that the officer retaliated against them after they called 911 to report that his wife was driving recklessly.
Wednesday was the day John and Phillip Martin had a chance to give official depositions about a series of events they say changed their lives forever.
The Phillips have filed a civil lawsuit against former Kentucky State Trooper Brian Coyt in connection with an incident that occurred at their home in rural Knifley, Kentucky last September after they called 911 to report a near accident.
“They were run off the road by the officer's wife and they sought to inquire about it,” said attorney Ted Lavit, who represents the Martins.
According to the lawsuit, trooper Coyt showed up at their home a few minutes after they made the call.
“He just showed up there. He was mad. I could tell it,” said Phillip Martin. “I knew it wasn’t going nowhere good.”
“He went to their home, kicked in their door, pulled them out of their home and made them lie on the ground and threatened to kill both of them. Then he put the grandfather in handcuffs and arrested him,” said Lavit.
“I told my son, just lay still and do what he wants, because he'll shoot you and shoot me too and get away with it,” said John Martin.
Both John Martin, who had just undergone heart surgery and Phillip Martin, who was 17 at the time, were arrested on charges of resisting arrest, menacing and other crimes.
The charges were later dropped by the Commonwealth's Attorney's Office.
“The trooper went to ask questions but did not receive a friendly reception and things got out of hand quickly,” said David Nunery, Coyt’s attorney.
“I feel like our case is very defensible. Once we're able to tell our whole story to a jury, I feel certain the trooper will be vindicated,” Nunery said.
The Martins say their day in court can't come soon enough.
“It's hard to even talk about. I live with it every day. I've lived it every day since it happened,” said John Martin.
The case right now is in its very early stages.
During the next few days, attorneys for both sides will be interviewing a multitude of witnesses.
The case will likely go to trial next year, at which time the Martins plan to ask for $3 Million in damages.
Brian Coyt resigned as a Kentucky State Trooper in December to take a position with the U.S. Department of Homeland Security.
He worked as a trooper for three years and was in the military before that.
