By Mark Cowling
Casa Grande Dispatch
Arizona State Parks Director Bryan Martyn was found guilty of misdemeanor disorderly conduct Thursday afternoon in Florence Municipal Court.
Martyn was convicted after arguing with and shoving another man earlier this year at the Anthem Spring Festival.
Judge Bryan Martyn Katherine Kaiser ordered Martyn to pay a fine of $813.
According to testimony in the 21⁄2-hour non-jury trial, Martyn exchanged words with Christpher “Shon” White of San Tan Valley, who had branded Martyn a liar on White’s Web site.
Florence Town Attorney James Mannato said the evidence showed the exchange was loud and upsetting to others nearby. “That’s the gist of disorderly conduct,” Mannato said. He said Martyn took the disagreement “to the next level” so that others felt they had to become involved to stop something bad from happening.
But Martyn’s attorney, Gary Husk, said that while the conduct of both men may have been rude or offensive, it did not qualify as seriously disruptive behavior as defined in state statute and case law.
Husk also argued that the prosecution failed to produce evidence of Martyn’s mental state as required by statute, or evidence of “a state of peace that could be disrupted” on that March 10 afternoon in Florence.
Martyn was the elected Pinal County supervisor in District 2 at the time. He was also director of a group known as the Pinal Truth Squad, which was critical of then-mayoral candidate Tom Rankin and Johnson Utilities owner George Johnson.
In the weeks that followed, Martyn resigned from both the Board of Supervisors and the Pinal Truth Squad to take the job of state parks director.
After Thursday’s trial, Martyn said, “Bottom line, I’m disappointed in the outcome but anxious to move forward with State Parks and provide the economic driver that State Parks are.” He said he didn’t believe the verdict reflected the evidence but couldn’t immediately say if he would appeal.
Tisha Castillo, who was manning a nearby booth, testified that she saw Martyn shove White with both hands, and she moved between them out of concern the situation would escalate.
“I wanted to make sure Bryan didn’t hit Shon…. Bryan and I have had dis- agreements in the past, but it was so out of character I didn’t know what he was going to do.”
Originally, White also was charged with disorderly conduct. His case was moved to Casa Grande City Court on a change of venue, where it was dismissed. Husk mentioned White Thursday as a possible defense witness but did not call him.
Martyn did testify as the only witness called by the defense. Martyn testified he met White, who has an online radio station and Web site, only a few days before the incident. The next day, Martyn testified, a friend alerted him to White’s Web site, where White had printed the word “Liar” over the top of Martyn’s picture.
Martyn testified that the day of the festival it never crossed his mind he would see White. But after seeing White and confirming with Castillo that it was he, “I wanted to go talk to him.”
Martyn said he approached White with a handshake and smile, asking, “Dude, why are you doing this?”
He said White responded, in an elevated voice, “You’re a liar!” Martyn testified he pushed White’s hand away. He said White’s wife “is barking at me, she starts to swear at me,” and White is “yelling at me to get out of here.”
Martyn testified he responded, “What are you going to do about it?” He said Castillo intervened and he walked away.
He later testified he should have “backed away” as soon as he was attacked.
In cross-examination, Mannato asked Martyn why he didn’t just walk away.
“I pushed his hand away because we were shaking hands,” Martyn replied. “… I pushed his hand away when I released our handshake.”
“Was that necessary?” Mannato asked.
“I don’t know, Mr. Mannato,” Martyn said.
A witness who was running a booth that day for Johnson Utilities, Kristi Maldan- ado, testified Martyn was “very aggressive” and wouldn’t back down, “like he wanted to fight.” She also described the incident as “scary.”
White’s wife, Elizabeth, testified that Martyn was “very angry” and yelled at her husband about what he was posting about the Pinal Truth Squad. She testified she got between the men “just to keep it from escalating any further.
“At one point I thought (Martyn) would attack me, but I wasn’t sure.”
Mannato asked if she was frightened that day.
“A little bit,” she replied.
