Woman Recants; Deputy Cleared In Brutality Case Witness Faces Assault Charge After Interfering With Arrest By Latah County Officer

A Latah County sheriff’s deputy has been exonerated of brutality claims and one of his accusers has recanted her statements and now faces an assault charge.

Martha Gustin faces a misdemeanor charge of battery on a police officer. She is accused of hitting and grabbing Cpl. Tom Polek from behind while he was trying to subdue a man resisting arrest.

“I believe this was a very serious incident due to the fact that the deputy was attempting to arrest a combative suspect,” sheriff’s Sgt. Brannon Jordan wrote in his request for a charge against Gustin.

“Gustin knowingly interfered with a lawful arrest endangering the deputy, the suspect and herself,” he said.

Dustin Mattson was arrested April 27 and charged with resisting arrest, driving without privileges, possession of marijuana, possession of drug paraphernalia and carrying a concealed weapon without a permit.

Gustin and others signed statements after the arrest accusing Polek of using excessive force while making the arrest. Fliers were circulated around the county accusing the officer of brutality.

Jordan said an internal investigation indicated Polek acted properly when Mattson was pulled to the ground and handcuffed because he was resisting arrest.

“We’ve talked to 11 witnesses who said Polek acted professionally to control the situation” said Jordan. “And one of the people who accused him of brutality (Gustin) has changed her mind and now says that Polek did not use excessive force.”

He said others who claimed brutality have refused to talk to officers.

Gustin told Jordan she interfered with the arrest because she was mad at Polek for arresting Mattson, according to court records.

“Several witnesses said Cpl. Polek should be commended for being able to keep control of the situation as well as he did,” Jordan said.