Silsbee Cheerleader assault case leads to federal lawsuit

[KFDM COOP]

Silsbee Cheerleader assault case leads to federal lawsuit

KFDM News has learned the parents of a Silsbee High School cheerleader filed a federal lawsuit late Friday afternoon against Hardin County District Attorney David Sheffield and the Silsbee school district as well as four other people.

The federal civil lawsuit, a copy of which KFDM News obtained Friday afternoon, stems from the case of three football players at the school who were accused of sexually assaulting a cheerleader last October during a house party in Silsbee.

The girl says she was pushed into a room and the door was locked while she was sexually assaulted.

The three students were arrested and charged and District Attorney David Sheffield presented the case to a grand jury in January. The grand jury chose not to indict the teens.

They returned to Silsbee High School where the cheerleader continues to attend classes.

Houston area attorney Larry Watts filed a federal lawsuit Friday afternoon in the Eastern District of Texas, naming Hardin County District Attorney David Sheffield, Silsbee ISD Superintendent Richard Bain, two other school employees and the two older teens who weren't indicted.

Among other contentions in the lawsuit, Watts says in a meeting with the girl's father prior to the grand jury convening, Sheffield told the father "that although the evidence.. was strong and exceeded the requisite requirement for probable cause, the Grand Jury was racially divided and that the black Grand Jurors would not vote to return an indictment.. because of the race factor. Sheffield said, nevertheless, he would take the matter to the Grand Jury to 'see what happens.'"

The girl is white and the teens are black.

Watts says after the grand jury no-billed the teens, Sheffield spoke with the girl's father and "even laughed during his discussion of the case.. and made light of the assault."

David Sheffield strongly denies that allegation and the others contained in the lawsuit. He sent a response to KFDM News:

"This is simply an attempt to bully me into a manipulation of the grand jury process. The grand jury was presented with 3 hours of evidence and testimony. The Grand Jury deliberated and returned with their decision to no-bill the indictments. By law I am required to present evidence to a Grand Jury before I can proceed with a criminal prosecution and I am bound by their decision. I am sorry that they were disappointed with the outcome, however, I will not be bullied or intimidated by.. Mr. Watts or anyone else into doing anything other than following the law and the evidence in a criminal case."

Watts claims school administrators treated the girl unfairly and temporarily excluded her from cheerleading when she refused to cheer for one of the teens who had been charged with attacking her.  The lawsuit states the district denied the girl "equal protection of policies and law, deprived her of her protected liberty interests without due process of law, and retaliated against her for her non-violent or disruptive speech in protest of her having been assaulted."

Silsbee ISD Superintendent Richard Bain told KFDM News he would be "reluctant to comment on the lawsuit without consulting with the school district's attorney."

In his lawsuit, Watts states he's seeking a jury trial and declaratory judgment that Sheffield has violated the plaintiffs' constitutional rights.  Plaintiffs are seeking monetary compensation for what they call the harm the defendants have inflicted on the girl.  The lawsuit also seeks punitive or exemplary damages and attorneys' fees.

Stay with KFDM News for the latest on the lawsuit.

[bullets13]

suing a prosecutor because a grand jury no-billed a case?  what a joke.  i do like his response to the lawsuit from another news source.

"I won't be told when or how to present a case. I won't be told what evidence to give or not give to a grand jury. I also will not be told which grand jury that I can or cannot give a case to."

[tvc184]

I read the article and wondering what the violation of constitutional right was... other than them wanting money.

I have not seen any constitutional article or amendments that demands that someone be prosecuted. The teens were arrested and brought before a grand jury where they were No Billed. I am pretty sure that is a grand jury's option.

What constitutional right does a "possible" crime victim have to demand that someone be put in jail even if the evidence is not sufficient? The DA wasn't accused of the crime, the school district wasn't accused of the crime and it did not happen on their campus nor at a school function.

While the accusation of sexual assault is very serious, what constitutional demands were violated on behalf of the victim by lack of evidence?

[stang4life]

Did I read correctly...she is only suing two older students who were not indicted?  If so, why would she not also include the boys who were indicted?

Was their physical/forensic evidence?  Or does anyone know? 

When the girl refused to cheer for one of those accused of sexually assaulting her...was that during the investigation or after they were no-billed?  Were the accused in ISS or any other alternative classroom setting until the grand jury decided whether to go forward or not?  Just wondering.

[thetragichippy]

funny no one has brought up the race card like in the other threads.......Hmmmm

[tvc184]

Did I read correctly...she is only suing two older students who were not indicted?  If so, why would she not also include the boys who were indicted?

Was their physical/forensic evidence?  Or does anyone know? 

When the girl refused to cheer for one of those accused of sexually assaulting her...was that during the investigation or after they were no-billed?  Were the accused in ISS or any other alternative classroom setting until the grand jury decided whether to go forward or not?  Just wondering.

I thought that no one was indicted.

There may have been physical evidence but that alone means nothing in many cases. Simply saying that it happened doesn't mean how it happened.

[AggiesAreWe]

funny no one has brought up the race card like in the other threads.......Hmmmm

I was thinking the same thing. On the flip side.

[CraigS]

Lets just say.........you may not know what your think you know, and what you think you know may not be the facts.

[BLUEDOVE3]

funny no one has brought up the race card like in the other threads.......Hmmmm

Here goes Quannel X2 starting up the race issue again. You of all people should agree with the Grand Jury system.

[thetragichippy]

funny no one has brought up the race card like in the other threads.......Hmmmm

Here goes Quannel X2 starting up the race issue again. You of all people should agree with the Grand Jury system.

My point Einstein was if this was a black girl and two white guys, you would be crying race. Any person with half a brain could read your post and figure that out. But since the victim is white, you choose not to give an opinion.  Very typical!