Lawsuit pending against indicted former OPD officer

Yahoo

3 days ago

A former Owensboro Police Department officer who was indicted last year for allegedly sexually assaulting a woman is being sued by the alleged victim in Daviess Circuit Court.
The suit was filed by 'Jane Doe,' who is only identified by her initials in the complaint, against former OPD officer Aleph Zavala and against OPD Chief Art Ealum. The lawsuit is currently winding its way through circuit court, with the last ruling occurring last month.
The civil lawsuit is the second case Zavala faces. Zavala was indicted on charges of first-degree sodomy, first-degree strangulation and first-degree sexual abuse in connection with a Dec. 8, 2023 incident, where Zavala allegedly assaulted the woman, who was homeless, while she was staying overnight in a storage unit on West Parrish Avenue. The incident allegedly occurred after officers were called to the U-Haul storage facility to reports of a possible burglary.
Reports regarding the incident say officers decided to let Jane Doe stay in the storage unit overnight. All of the officers left, except Zavala, who went back inside the unit and allegedly performed a sex act on the woman, attempted to get her to perform a sex act and choked her during the incident. Zavala's body camera was not in use during the time of the alleged incident.
Zavala was fired by OPD in February of last year, after an investigation by the department's Professional Standards Unit. Zavala was indicted on the charges in May of last year.
Zavala is currently scheduled to go to trial on the charges on Sept. 15.
Zavala, who is out of jail on house arrest after posting a $10,000 bond, will next appear in court for a pretrial hearing in August.
The complaint names both Zavala and Ealum in their official capacities with OPD. The complaint says the criminal charges against Zavala 'highlight the serious nature of the offenses against' Jane Doe, and also says the incident calls OPD into question.
'The incident also calls attention to the systemic failures within the Owensboro Police Department, specifically the failure to train and supervise on the part of (Ealum),' the complaint says.
'Such deliberate indifference in oversight and training directly contributed to the sexual assault of the plaintiff.'
The complaint seeks compensation against Zavala for battery, negligence and gross negligence, and for 'failure to train and supervise' Zavala against Ealum. The complaint seeks compensation for physical and emotional injuries and punitive damages.
The city is not representing Zavala in the civil suit, but did file a response regarding him because Zavala was being sued in his official capacity as a then-police officer.
In the response, attorney Patrick Pace says while Zavala was working as an OPD officer on Dec. 8, 2023, the city 'expressly denies that Zavala was acting under color of law and within the scope of his employment with OPD during said incident.'
Regarding the incident in the storage unit, the city's response says it admits Zavala went back inside the unit with his body camera off and and without informing dispatch, but says 'the city is without knowledge or information to form a belief as to the truth of the allegations' of the incident, 'and therefore denies same.'
Regarding Ealum being named in the suit, Pace wrote in his response, 'The city denies the premise of the allegations ... and expressly denies that the alleged 'said failure to train and supervise his officers' occurred.'
Pace wrote the city admits 'Zavala violated some OPD rules and standard operating procedures, but (the city) expressly denies that Zavala was acting within the scope of his employment' during the alleged incident.
Zavala also filed a response through his attorney, Mary Sharp.
Sharp wrote Zavala 'denies any allegations of misconduct as stated' in the complaint.
Regarding the alleged incident, Sharp wrote Zavala 'maintains that no non-consensual actions occurred.' Sharp asked that the complaint against Zavala be dismissed with prejudice, which would bar the complaint from ever being raised in court again.
The last action in the case was in April, when Daviess Circuit Judge David Payne denied Jane Doe's motion for summary judgment against Zavala.
There are currently no hearings scheduled in the civil case.