SAN DIEGO (CBS 8) - The
first claim for damages has been filed against the city for alleged sexual
battery at the hands of a San Diego police officer.
CBS News 8 spoke to the
attorney representing the woman, who claims she was groped while being frisked
by officer Christopher Hays.
"The officer gave her
a ride home, as she was getting out of the car, the officer says, oh I forgot
to frisk you," said attorney Brian Watkins.
The sexual battery
allegedly happened October 2013, along University Avenue near 54th Street.
The alleged victim, who was
not under arrest, claims San Diego Police Officer Christopher Hays offered to
give her a ride home, but then pulled over near a dumpster in the back of a
strip mall and started frisking her.
"The search consisted
of him grabbing her breasts with both hands, grabbing her crotch, grabbing her
buttocks, and then he grabbed her wrist and put it on his crotch,"
continued Watkins.
Attorney Brian Watkins represents
the unidentified woman, who he admits has a criminal history, including a
previous arrest by Officer Hays.
"He was targeting
women who would be scared to come forward with this information, woman who he
had power and authority over," said Watkins. "In a he said, she said,
he would win that battle."
Watkins says the women told
her boyfriend about the incident the same night it happened.
The attorney has now filed
claim against the city for more than $10,000 in damages - a move that usually
means a lawsuit is coming.
"She is in a very
traumatic situation where she's up against an officer with authority and
credibility of being a police officer, and that's a fearful situation to be
in," added Watkins.
Officer Hays was arrested
and bailed out of jail over the weekend, after several other woman came forward
with similar accusations against the former Marine, husband and father of two.
Through his attorney,
Officer Hays has denied any wrongdoing.
The district attorney is
still reviewing the case for possible criminal charges. An arraignment has been
set for Tuesday, February 18.