Menomonee Falls police detective sues Dunkin' Donuts after an employee spit in his coffee
A Dunkin' Donuts employee spit in a Menomonee Falls police detective's coffee two years ago, according to a police report. Now the detective, Andrew Martin, is suing Dunkin' Donuts.
Martin's attorney, Victor Harding, filed a lawsuit Dec. 10 in Waukesha County Circuit Court seeking an apology and unspecified financial compensation for emotional trauma and medical expenses.
"We want an apology and fair compensation," said Harding. "They (Dunkin' Donuts officials) have not given us the time of day."
According to a police report, Dunkin' Donuts employee Brian Colon admitted he spit in the detective's drink on Dec. 21, 2017, at the Menomonee Falls Dunkin' Donuts, N56 W15560 Silver Spring Drive.
Colon was charged with disorderly conduct in connection with the incident in November 2018. He was convicted on a no contest plea earlier this year and was sentenced to four days in jail, which was fulfilled by time served.
"That is all we can do," said Menomonee Falls Capt. Jeffrey Knop. "It is (now) a civil matter."
Dunkin' Donuts did not return a call to its regional office seeking to discuss the incident.
"They (Dunkin' Donuts staff) have not returned our letters or phone calls in two years," said Harding. "He (Martin) incurred medical expenses for testing for HIV and hepatitis," he said. Harding said Martin stayed from his wife and children immediately after the tests.
"That is emotional trauma," he said.
According to the report by the Waukesha County Sheriff Department:
Martin went to Dunkin' Donuts and ordered an extra tall hot coffee with brown sugar and cream and a medium black coffee.
Martin was on duty, although he was not wearing a uniform or badge.
After he received his drinks, he returned one of his coffees to the female cashier — identified as Magalie Gutierrez and Colon's girlfriend — and said it was not the right flavor.
As Martin waited, he saw Colon stirring the coffee and bending over it with his face about six inches away. When Colon saw Martin, he stopped stirring, put the lid on the coffee and gave it to Martin. Martin took a sip of his coffee, and noticed when he got back to his car that there was a suspicious substance in it that looked like saliva.
Martin returned to the store and asked for the manager. Colon identified himself as the manager on duty and denied spitting in the coffee. Martin threw out the coffees and left.
During the investigation into the incident Waukesha County Sheriff's Department detective Michael Toole confronted Colon. After Toole told him police had surveillance video from the restaurant, Colon admitted to spitting in the coffee, according to the report.
Colon told Toole that Gutierriez had been feeling under the weather because she was pregnant. Colon said Martin called Gutierrez a "b****" and said that she did not make coffee the right way.
Harding said he thinks Colon and Gutierrez targeted Martin because of Martin's profession. "He goes there frequently, and he is a regular," said Harding. "I think it was because he was a police officer."
Harding said Dunkin' Donuts has 45 days to respond to the lawsuit. If the issue isn't resolved, Harding said, it is possible the complaint could go to trial.
"We just want compensation for what happened," he said.