Top corrections officials told lawmakers Thursday about a series of actions they have taken in the wake of the May 31 attack that killed Parole Agent Davis Martinez as he was making a call in Chevy Chase.
Lawmakers did not appear to be impressed.
“This hearing was woefully inadequate, and I think we can do better when we come back,” said Del. Ben Barnes (D-Anne Arundel and Prince George’s), at the end of the three-hour hearing. “I hope that when we come back you’ll have plans for us, actual plans to make sure that this doesn’t happen again.”
Lawmakers at the joint hearing — the Senate’s Judicial Proceedings and Budget and Taxation committees, and the House’s Judiciary and Appropriations committees – said they planned to hold another hearing in December so they will be prepared for possible action in the next General Assembly session.
The joint hearing came almost five months after the killing of Martinez, 33, who became the first Maryland parole agent killed in the line of duty.
Martinez, a six-year veteran of the agency, told his supervisor on the morning of May 31 that he was going to check on Emanuel Edward Sewell, who was released on parole after serving 21 years of a 40-year sentence for sex assaults and burglary. Martinez said he expected to be done by midday.
But Martinez never returned, and his supervisors never checked on him. When co-workers noticed that afternoon that he had not returned, they grew concerned and called police, who went to Sewell’s home in the 2800 block of Terrace Drive.
They saw Martinez’s car in the parking lot and heard the ping of his phone coming from a dumpster on the property. Police forced the door to Sewell’s apartment, where they found Martinez’s body wrapped in plastic and shoved under a bed. He had been beaten and repeatedly stabbed.
Sewell was arrested a day later in West Virginia and returned to Montgomery County, where he has been charged in Martinez’s death.
The killing led to the ouster of three top officials of the state’s Division of Parole and Probation and the suspension of home visits by parole officers — an activity that is still suspended almost five months later. Currently, the department has redeployed its warrant apprehension officers, who are armed, to carry out home visits when needed, while parole agents work in the office.
Department of Public Safety and Correctional Services Secretary Carolyn J. Scruggs told lawmakers Thursday that a department investigation found no violation of Parole and Probation policies in the actions before Martinez’s death. But, she said, it was clear that “the mindset surrounding the supervision practices within DPP needed to be strengthened.”
She said the department has created “alert flags” in parolees’ files to highlight concerns about potential violence, and that teams of employees now review transfers of parolees. Scruggs also said the department has launched a series of “think tank” meetings with front-line agents across the state, to talk about ways to safely resume home visits by agents. Those meetings have resulted in suggestions including better equipment, joint home visits and arming agents.
Scruggs said the division is working to reduce its high vacancy rate, with 25 new parole agents about to be sworn in and another 40 in the pipeline undergoing background checks.
It has accelerated purchase of more effective pepper spray and better ballistic vests for agents, she said, and is working with local police departments to devise plans for police to assist agents when needed. So far, only Baltimore City appears to be close to signing a police agreement, Scruggs said, but the department has reached out to Howard County and to all municipal police departments in Prince George’s County. The department has also arranged for armed security guards in its offices, she said.
“In conclusion, I would like to say that I’m confident that the new leadership at DPP [Division of Parole and Probation] will ensure continued efforts to make sure that staff are safe and that we are finding proven and effective ways to enhance our supervision within the department,” she said, after a roughly 20-minute presentation.
But officials with the American Federation of State, County and Municipal Employees Local 3661, which represents agents, said they are still waiting to work with the department, but are being sidelined.
“We have repeatedly requested collaboration to develop policies and procedures that will keep us safe,” said Rayneika Robinson, president of Local 3661. “The agency has continued to refuse collaboration with the union.”
While she said the union is “cautiously optimistic” about the presence of new leadership at the division, Robinson said there is still work to do.
“We have yet to be invited to participate in developing the policies and procedures that directly impact those we represent,” she told lawmakers.
Lawmakers appeared frustrated by the pace of progress.
“In the five months since the most critical incident involving one of DPP’s agents being killed in the line of duty, without proper supervisory responses … you’ve seen zero policies being brought forward to improve safety,” Sen. William G. Folden (R-Frederick) asked Robinson.
“That is correct,” she said.
“That is … concerning,” Folden said.
Lawmakers also made clear that they will be taking up the issue in the 2025 General Assembly, and plan to have another meeting before then with all the parties to get some more answers.
“I do think it’s very, very important that we get back together again … before we go back in January, because I think it’s very important for both AFSCME and the department to have open and candid conversations with each other,” said Del. Luke Clippinger (D-Baltimore City). “And I think it’s up to us to make sure that happens before the beginning of session.”
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