CHARLESTON — Another victim filed a lawsuit against the West Virginia State Police after she was allegedly sexually assaulted by a trooper nearly two years ago.
The victim, S.R., filed the complaint against Trooper Michael Miller, the West Virginia State Police, The Front Room, the West Virginia Department of Homeland Security; T.J. Belcher and Cody Baisden, according to a complaint filed June 29 in Kanawha Circuit Court.
“This is another troubling case in what is becoming an unfortunate line of allegations involving the West Virginia State Police," Attorney Jesse Forbes said. "These are the officials that are supposed to protect and serve the public and it is truly shocking to have allegations in Court where a West Virginia State Trooper not only failed to protect but actively inflicted the heinous abuses detailed in the Complaint on multiple victims."
Forbes said the allegations in the complaint have not only shattered this victim’s world but unfortunately continue to shatter the public’s confidence in the law enforcement community.
"To have allegations that this victim told another law enforcement officer of the trouble only be told not to report it adds insult to injury," Forbes said. "West Virginia police officers as a whole are some of the most dedicated public servants in our state and nation and to have allegations that someone is perpetrating these horrific actions under the color of law as a West Virginia Trooper puts a black eye on all of the tremendous law enforcement heroes that serve our communities."
Forbes said the complaint and its allegations further the call for investigations into these actions.
"With the continued reports of problems it remains important for the administration to continue to examine what the failures of the agency may have caused to individuals who have needlessly had their lives turned upside down and also to the agency and public as a whole who rely on and need to trust their police officers," Forbes said.
Attorney Dante diTrapano said the allegations of rape and sexual assault by a state trooper in Logan is shocking.
"This victim went out for dinner and to have a nice evening," diTrapano said. "As alleged in the Complaint, instead her entire world was turned upside down by the horrible actions of this West Virginia State Trooper. As alleged, this Trooper, who is supposed to protect and serve the public, acted under the color of law to attack an innocent woman that was just trying to have an evening out. Instead, her life will never be the same. This Complaint details a shocking encounter that no one should have to suffer through. The impacts of assaults such as these are devastating and long-lasting."
DiTrapano said this victim, like a previous victim that had come forward to shine a light on these issues, wants accountability for her own damages as well as the systemic failures that should have never happened to her and would hopefully never happen to anyone else in the future.
"While the victim is cooperating with and hopeful that the criminal justice system will hold those responsible to account, she is moving forward through the civil justice system to protect her rights and help to continue to bring these continued problems into the light of day so that no one else has to suffer as these victims have," diTrapano said. "We are confident that the justice system will hold all those with responsibility for the actions alleged in the Complaint accountable under the law."
S.R. alleges in her complaint that she went to dinner on July 10, 2021, and was drugged and abducted from The Front Room by Miller. She claims she was thrown into a vehicle parked at the back door of the establishment and taken away by Miller, Belcher and Baisden and then Miller sexually assaulted and raped her
"She was then left in the parking lot of another bar in the area," the complaint states. "Despite needing medical care following the abduction and attack, none of the Defendants used the vehicle to take her for medical care, and none of the defendants further rendered aid or contacted law enforcement, instead they went into the other bar, leaving her in the parking lot.
When S.R. contacted Logan County Deputy Craig Johnson to report the rape and sexual assault, she was instructed not to go to the hospital and not to report the rape by Miller, according to the suit.
S.R. is seeking compensatory and punitive damages. She is represented by diTrapano, Forbes, Amanda J. Davis, Charles F. Bellomy and Jennifer N. Taylor.
The case is assigned to Circuit Judge Tera Salango.
Kanawha Circuit Court case number: 23-C-560
