A recent college graduate from Georgia spent 33 hours in jail, while still enrolled in courses, for a crime he didn’t commit because he was entered into a police database for applying for a firearm permit, his lawyers said.

Martin Jones is now suing both of the police officers involved in writing the report that named him as a suspect for a crime that occurred two years ago, according to The Atlanta Journal-Constitution. The lawsuit alleges that detective Tangela Henry and Cpl. Dexter Hawkins conducted an unlawful search and seizure, false arrest, false imprisonment and violation of Jones’ rights.

On a Saturday night, Jones left his car running in a Kennesaw State University parking lot, but when he returned to drive the vehicle he had forgotten to switch on his headlights. He was stopped by campus police who let him off with a warning but asked him to stop by the department later.

When he got to the police station, Jones said he was read his rights and informed of his outstanding warrants before being jailed. Without any previous convictions or arrests, Jones said he didn’t understand how he could be arrested.

“I was shocked and confused, because I wasn’t sure why there was a warrant out,” he said. “I’ve never had any prior run-ins with law enforcement. That was my first time ever being pulled over.”

It turns out that Jones applied for a gun carry permit in Georgia just after his 21st birthday. Since the pandemic started, numerous cities have reported surges in gun sales and license applications. According to CBS Sacramento, an estimated 110,000 Californians purchased firearms since the beginning of the year and almost 40% of them were new gun owners.

After Jones submitted his application, the sheriff’s office in Albany, Georgia added his personal information to a countywide database of names curated by law enforcement authorities to track criminal suspects, per The Atlanta Journal-Constitution.

Jones was arrested in connection to a December 2018 incident where Albany police responded to a domestic violence call near the neighborhood where he grew up. Police said a 31-year-old woman’s car windshield and back window had been bashed in with a brick along with significant damage done to the interior of the vehicle. The man suspected of causing the damage was among four local people to share the name “Martin Jones.” The difference was that the suspect didn't share Jones' middle name, "Montavious."

Detective Henry mistakenly sought out warrants against Jones, charging him with two felony counts of criminal damage to property in the second degree, according to The Journal-Constitution.

“I have no idea how he chose that particular Martin Jones,” Jones' attorney, William Godfrey, said.

After learning of the dire situation, Jones’ mother, LaTasha Jones, rushed up to the station to attest that her son was innocent.

“I had midterms that week of being arrested. I actually missed a couple midterms while I was in jail. I missed classes. I almost missed my registration period for my next semester of classes,” he said. “I had a lot going on in my mind at one time, at that point.”

His mother told the police that Martin didn’t know the woman who filed the police complaint. She even logged into the employee portal for his part-time job to show an officer the timesheets placing him in Atlanta at the time of the domestic dispute.

Later, a Dougherty County magistrate judge dismissed the charges and was critical of the police’s negligence, according to The Journal-Constitution.

“What if he didn’t have a parent, or someone who cares or could assist him,” LaTasha said. “If nobody were there, he’d just be a product of the system, by mistaken identity, for so many years, or so many months. And then they’ll say, ‘Oh, you’re not the right person.’”

A representative with the Dougherty County Sheriff’s Office confirmed that Martin wound up in the county’s “master name record” database because of the gun permit application. Chief Jailer John Ostrander said anyone who has contact with the police can be entered, including people who visit incarcerated people. He added that maintaining these records isn’t in violation of any law because they don’t indicate whether an applicant was accepted or not.

Martin graduated from Kennesaw State University in May and is searching for a job in mechanical engineering. His attorney is working to have his arrest record prohibited under Georgia law so it doesn't appear in a criminal background search. However, his legal team is concerned that his dream of working for a federal agency might be dashed due to his arrest record.

“Martin will always have to answer 'yes' when he’s asked, ‘Have you ever been arrested for a crime,’” Godfrey said.

Martin Jones

Get relevant content delivered to you once a week