$2 million settlement reached in death of Kentucky man 'strangled' in police custody

LOUISVILLE, Ky. (WDRB) -- The family of Joseph "Josey" Martin has reached a civil settlement worth more than $2 million, nearly three years after he died in the custody of Marion County Sheriff's deputies.

Marion County will pay $1.6 million, and the city of Lebanon will pay $412,500 to resolve the wrongful death lawsuit, according to attorney Greg Simms, who represented Martin’s family.

Martin died in December 2022 after deputies repeatedly tased, pepper sprayed and hit him. One knelt on Martin's neck for more than a minute and a half until he died. His death was ruled a homicide caused by asphyxia due to law enforcement use of force, according to the medical examiner.

"When you have a situation like this, especially when somebody dies in custody, it's hard for everybody to understand what kind of person Josie Martin is," Simms said. "We wanted to make sure that even though he's not a perfect guy, people realize that this was not justified. No. Nobody deserves to die like that."

Martin was taken into custody on Dec. 16, 2022, by Marion County Sheriff's Deputy Tristan Hayden for misdemeanor public intoxication after deputies responded to a domestic disturbance at his sister's home a little after 11 p.m. in the city of Loretto, in Marion County.

Martin was placed in a sheriff’s vehicle, where deputies said he kicked out a window. Simms said Martin suffered a panic attack and pulled at the window for air.

Body camera video captured Martin insisting, “I didn't kick the window out!” as deputies removed him from the vehicle. Officers attempted to re-handcuff him with his hands behind his back, though Simms said one hand was stuck inside Martin’s hoodie. Deputies claimed he was resisting; Martin repeatedly said he wasn’t.

Four officers restrained Martin for more than four minutes. Video and a Kentucky State Police report show deputies applied pressure to his neck and head, and Martin screamed, “You’re going to kill me!” before becoming unresponsive and bloody.

Deputies denied using any neck restraint during subsequent interviews with investigators, though the medical examiner documented injuries to Martin’s neck.

"(The settlement) should show that this is not OK," Simms told WDRB News Tuesday. "You can't do this to somebody, and hopefully prevents this from happening in the future."

None of the deputies involved have faced discipline.

The Marion County Sheriff's Office declined to comment on the settlement, but did confirm all three deputies, Tristan Hayden, Chris Nelson and John Robert Purdom, are still on the job.

Marion County Sheriff Jimmy Clements retired in September and could not be reached for comment.

"I really hope that it gives some sort of message to law enforcement, the training has got to be better," Simms said. "The way you handle people in a crisis situation has got to be better. When somebody has a panic attack. You don't beat them into submission. You don't choke them. You don't you don't try to respond with violence to somebody who needs understanding."

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