Updated: Charges Against WC Student in Bar Fight with Off-Duty Cop Flatly Denied By Witnesses

The first-degree assault charges against a Washington College senior for an altercation with an off-duty state trooper, Daniel Baxter, have been dropped, but two misdemeanor charges remain.

Several witnesses to a fight between a Washington College senior and the off-duty state trooper on March 22 at Washington’s Tavern have come forward with first-hand accounts of the altercation that contrast starkly with the charges filed by the Chestertown Police.

The charges filed in Kent County District Court against Anthony Martino, 22, a Washington College senior, “tells us the [police] are covering up for one of their own,” said a witness who saw the off-duty trooper, Daniel Baxter, 29, assault Martino repeatedly with his fists.

“The cop was built and obviously knew how to fight,” a witness said. “He was also pretty drunk.”

Witnesses were confounded that Baxter was not also “charged with assault or at least put on suspension” until the final results of an internal investigation conclude.

Witnesses said the fight started when Baxter reacted to a comment made to his girlfriend by Martino and then verbal exchanges led to Baxter pushing and shoving Martino.

“Martino got hit pretty bad,” another witness said,  “The cop was definitely dominating and was hitting [Martino] like someone with [training].”

Baxter had the upper hand and “at one point was on top of [Martino] punching him repeatedly” until patrons, mostly students, stepped in to break it up, said a witness who asked for anonymity.

The police charges also state that “no one was sure whether they were breaking it up or not,” but the doorman told the Spy that patrons, mostly students, had the two men separated when he went  to see the commotion.

A witness identified as Patron-3 said Martino did not throw the first punch while the two men were on the dance floor, which contrasts sharply with statements made by Baxter’s girlfriend that Martino threw the first punch that started the fight. Another witness also told the Spy that Martino did not strike first.

The police account of Martino’s demeanor, after he threw the final punch that ended the fight, is completely out of character with what many students have told the Spy over the last few days — that “he is not at all interested in violence.”

“This is a guy who quit the lacrosse team because his roommate was hazed,” a witness said. “This is the last guy who wants anything to do with hurting anyone.”

While the two men were separated near the front door, Martino threw a punch that sent Baxter to the floor.  A witness said that Martino looked frazzled before and after he threw the punch.

“He had just been beaten pretty hard by [Baxter] and I guess just acted out of emotion,” a witness said.

But the police report said that Martino laughed as a he left, “Martino then walked out laughing.”

Statements from the doorman and the bartender said Martino was doing anything but laughing.

“He was definitely not laughing, he looked scared,” the bartender said.

“I was the last one to see [Martino] to the door and he was not laughing,” the doorman said.

David Wright, the owner of Washington’s Tavern, said the trooper had a greater responsibility to diffuse the situation.

“You had a 22-year-old student and a 29-year-old veteran of the Maryland State Police, and the onus was on the officer to avoid all instances like this,” Wright said.

Wright said he learned from staff that Martino and Baxter had always been “well behaved and polite customers.”

“This is an unfortunate incident by two people whom we never expected to engage in this kind of conduct,” Wright said. “These two men would be well served if they put this behind them and moved on with their lives, and stop inflicting any further damage on each other.”

CPD Chief Baker responded that judgment should be reserved until the investigation is complete. 

“The investigation is ongoing, and thus I can make no specific comments” Baker said.  “But I will assure you that this case has been, and will continue to be, investigated in a professional, fair, and impartial manner. To reach conclusions now, or make judgment upon either party until the matter is resolved through the legal system, is certainly not prudent.”