Menomonee Falls police detective sues Dunkin' Donuts after employee spit in coffee

MENOMONEE FALLS, Wis. (CBS 58) -- A Menomonee Falls police detective is suing Dunkin' Donuts because an employee spit in his drink.

The employee, Brian Colon, admits he did in fact spit in Andrew Martin's coffee in December 2017.

He says he was working at the Menomonee Falls Dunkin' Donuts with his pregnant fiance when Martin came in.

Martin's lawyer, Victor Harding, says Martin was a regular.

"I suspect they knew exactly who he was and for whatever malicious reason, the guy behind the counter spit in his coffee," Harding said.

Harding thinks Martin was targeted for being a police officer.

Colon claims Martin had yelled and cursed at his fiance for messing up his drink order.

"She's crying a lot, and I asked what's wrong?" Colon said. "She tells me this guy keeps calling me the B-word."

Colon says Martin wouldn't apologize, so he spit in the cup in a moment of anger.

He admitted what he did when Martin returned to the store.

Colon says only then did he learn what Martin did for a living.

"If you're a cop, why are you acting this way in the store?" Colon said. "Don't call her the B-word because that's my fiance, so calm down."

Martin is suing Colon and Dunkin' Donuts for pain, suffering, and medical expenses.

Harding says Martin, fearing for his health, got tested for HIV and hepatitis A. He was also restricted from intimate contact with his family.

"Once you get violated it kind of sickens you, and there's that emotional trauma which is probably the worst," Harding said.

Dunkin' Donuts didn't respond to our request for comment.

Colon concedes he should've handled the situation differently.

Harding worries what the incident means for the community's relationship with the police department.

"Something like this just shouldn't happen to [Martin]," he said. "Whether he called her a b**** or not, doesn't make any difference."

Colon resigned from Dunkin' after the incident.

Last year, Colon was convicted of a misdemeanor for disorderly conduct. He served four days in jail.