Peeping Tom case hits civil court

CHARLESTON - A Dunbar woman has filed a civil lawsuit against the man who pled no contest to criminal charges of spying on her and the owners of her apartment building.

Sarah Garnes filed the lawsuit July 28 in Kanawha Circuit Court individually and as the mother of Anika Holz, an infant.

AMS GP, Inc., AMS Properties doing business as Grandview Pointe Apartments, AMS owners and operators Enerio and Irene Melis of Charleston and Edward Pauley of Cross Lanes are listed as the defendants.

Garnes says her neighbor observed Pauley, the building's maintenance man, peeping through a space in her door lock or door knob at least 12 times, sometimes in excess of 20 minutes per time.

She says the building's management knew of Pauley's behavior, which included complaints of inappropriate sexual advances, yet did nothing about it.

In fact, the complaint says he remains an employee of AMS even after pleading no contest to criminal charges filed with the Dunbar police.

"Prior to Defendant Edward Ray Pauley peeping into the plaintiffs' apartment, (he) made numerous crude, derogatory and sexual advances to other female tenants at the Grandview Pointe apartment complex," the complaint says.

"Defendants… are liable for the negligent, willful and/or reckless actions of Defendant Edward Ray Pauley through the doctrine of Respondeat Superior."

Garnes says she entered into a six-month lease Feb. 25 but her and her infant child were not informed of Pauley's actions until June 20.

Kent Carper of Hill, Peterson, Carper, Bee and Deitzler in Charleston is representing Garnes, who charges the defendants with invasion of privacy, tort of outrage and negligent hiring, retention, supervision or training.

She is seeking punitive damages and court costs.

Judge Charlie King has been assigned the case.

Kanawha Circuit Court case number 06-C-1476