Case details

Officer sexually assaulted elderly woman at housing complex

SUMMARY

$1350000

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
aphasidue to the prior stroke, brain, brain injury, forcible rape, oral copulation, physical injuries, sexually assaulted
FACTS
In November 2010, the plaintiff, a 75-year-old, stroke-disabled woman, lived at Sacramento Manor, a housing complex for seniors, near Florin Road in Sacramento, when she reported that she was sexually assaulted. However, police could only get limited information from the woman, as her speech was impaired from a stroke that she had suffered in 2009. Specifically, she suffered from aphasia due to the prior stroke and could only utter “police,” “rape,” and “black,” but could not articulate a sentence. Later, the woman reported that the man had returned to her apartment and attacked her again on Sept. 20, 2012 and Dec. 11, 2012. As a result, police told the woman’s family to install a video surveillance camera at her home. On Dec. 18, 2012, the woman’s family told detectives that they believed they had surveillance footage of the suspect, who had returned again to the woman’s home. The video showed a black man who was wearing street clothes and was not in a uniform. However, when investigators responded, they recognized Gary Baker, a Sacramento police officer. The woman had known Baker for years before the attacks took place. A DNA test ultimately identified Baker as the suspect in the 2010 assault, and Baker was arrested on Dec. 20, 2012. After the arrest, the police determined that during the first attack, Baker forced the elderly woman to have sexual intercourse and oral copulation. Baker was eventually charged with rape, two counts of forcible oral copulation, attempt to commit oral copulation, assault with intent to commit rape, and sexual battery. The elderly woman sued Baker; Baker’s employer, the city of Sacramento; the housing complex, Sacramento Manor Inc.; and the complex’s property manager, WGID Enterprises Inc. The elderly woman’s prior stroke had robbed her of almost all of her ability to speak, but she managed to relate the attacks to her family members and investigating officers on Thanksgiving 2010. Family members testified at the criminal trial that the elderly woman said, “rape,” “police,” and “black,” and had pantomimed acts that she alleged she was forced to perform. Various forensics experts and medical professionals also testified that physical examinations and crime kit analysis revealed evidence of trauma and bodily fluids. Plaintiff’s counsel asserted that Baker was on-duty at the time of the attacks and, therefore, the city was liable as Baker’s employer. Thus, counsel asserted that the city was negligent in the retention and supervision of Baker. Plaintiff’s counsel further asserted that Sacramento Manor and WGID Enterprises were negligent in failing to take measures to secure their facility and protect their elderly resident from third-party criminal conduct. At his criminal trial, Baker admitted to performing sexual acts with the elderly woman, but he claimed it was a consensual sexual relationship between him and the woman, whom he knew before the incidents took place. Baker was ultimately sentenced to 62 years to life in prison in November 2015, after being convicted on nine out of 10 counts of rape, forcible oral copulation, assault with intent to commit rape, and burglary. As he has no assets or insurance, the civil matter was pursued against the city of Sacramento, Sacramento Manor and WGID Enterprises only. The city’s counsel asserted that GPS data, employment data, witness testimony, and other evidence showed that Baker was not on-duty at the time of the attacks. Thus, counsel asserted that the city was not liable for Baker’s actions. Counsel further asserted that the city’s position was corroborated by the surveillance video that ultimately led to Baker’s arrest, in which Baker wore ordinary street clothes, and not a uniform or a badge., The elderly woman claimed that Baker physically restrained her, causing physical to her body. She also claimed that Baker sexually assaulted her, including forcible rape and oral copulation. Although the elderly woman was determined to be incompetent to testify, the judge ruled that some of the hearsay statements the woman made to investigators and family members were admissible. In addition to the physical harm the woman suffered from the trauma, she claimed she suffered emotional and psychological harm as the result of the multiple sexual assaults.
COURT
Superior Court of Sacramento County, Sacramento, CA

Recommended Experts

NEED HELP? TALK WITH AN EXPERT

Get a FREE consultation for your case