A lawsuit filed on Tuesday alleges the West Virginia State Police had knowledge that one of its troopers was abducting and sexually assaulting women in Logan County but failed to adequately investigate it or stop him.
The lawsuit was filed Tuesday in Kanawha County Circuit Court by attorneys Dante diTrapano of Calwell Luce diTrapano and Jesse Forbes of Forbes Law Offices.
So far, two women have come forward with similar allegations against the same trooper, but the attorneys in the case say there could be others. The plaintiff in the suit filed Tuesday was the first to come forward, though, chronologically, she was the second known victim.
The complaint alleges the woman woke up naked in her bed the morning of Dec. 18 to find she was covered in blood and injured. Her earrings had been torn from her ears, her hair pulled out, and her teeth damaged, the complaint alleges.
The last thing she remembered was being at the American Legion Post 19 the previous night, feeling ill, and going to the restroom. After waking up injured, with a large memory gap, she went to a Charleston Area Medical Center hospital where it was discovered she had been sexually assaulted, according to the complaint.
According to the complaint, the trooper also sent the woman a friend request on social media, along with a message asking if he had left his hat in her vehicle. The woman checked and did find the officer’s hat in her car, the complaint states.
The victim inquired with the American Legion Post 19 to try to find out what had happened the night before and was informed by the staff that the trooper was known to be under investigation for drugging, abducting and sexually assaulting women, the complaint states.
Defendants listed in the lawsuit include the accused trooper, as well as the State Police, the West Virginia Department of Homeland Security, and American Legion Post 19. A message seeking comment from the office of Gov. Jim Justice was not returned by press time Wednesday.
The lawsuit alleges the State Police did not appropriately investigate or respond to credible reports that the trooper was drugging, kidnapping and sexually assaulting women, as well as harassing employees and patrons at Logan County businesses.
The suit also alleges the American Legion Post 19 had a duty to protect the plaintiff from being drugged and kidnapped from the establishment and created an unsafe environment, where employees were aware of the trooper’s alleged predatory activity and whose failure to act caused great harm to the victim. The Legion’s commander was not available for comment Wednesday.
“This young woman went through a brutal ordeal and is lucky to be alive, given the allegations in the complaint. As alleged, a trooper, who is supposed to protect and serve the public, used his status and badge to attack an innocent woman that had the right to be secure in her person,” diTrapano said. “This suit details a gruesome encounter that no one should have to suffer through. The impacts of an assault like this are devastating and last a lifetime.”
The other victim in the case was assaulted in July 2021, a few months before the second known victim. Attorneys in the case said a lawsuit is expected to be filed next week on her behalf.
Like the other woman, she was drugged, kidnapped from a Logan County business and sexually assaulted, according to a letter of intent to file suit issued in the case last month.
After drugging her, the trooper forced her out the back door of the Front Room Bar & Grill and, along with two other men, sexually assaulted her in a parked vehicle, according to the letter. They drove her to another establishment, where she managed to escape with her belongings and clothes, according to court documents.
The letter also alleges the woman sought help from a Logan County sheriff’s deputy, who told her not to go to the hospital because she had showered and instructed her not to file a report. As a result, attorneys in the case say they intend to name that deputy, as well as the Logan County Sheriff’s Department, as defendants in the case.
“These are the very people that are supposed to step in and protect the public from harm,” Forbes said. “To have allegations in court that a West Virginia Trooper inflicted the horrific abuses detailed in the complaint is not only shocking but completely dismaying to the public as a whole who need to have faith in the law enforcement community.”
The sexual assault lawsuits come at a time when the West Virginia State Police is facing intense scrutiny over a wide range of issues, from allegations of misconduct against former top administrators to the February death of Edmond Exline in Berkeley County, who died after being stunned during an encounter with troopers on Interstate 81.
“With all of the ongoing investigations into the State Police it’s time for the administration to take a hard look at what the failures of the agency may have caused not only in terms of individual damages to the victims, but to the agency as a whole,” Forbes said. “It’s past time to examine the impacts the State Police failures have had on the agency and on the public who needs to interact with and trust their police officers.”
The FBI is conducting an investigation into the alleged sexual assaults. The accused trooper is on administrative leave.
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