JAY - Delaware County homeowners could see their property taxes jump 18 percent for the next three years after the county commissioners voted unanimously on Wednesday to settle a federal lawsuit against the sheriff for $13.5 million.
The suit was filed by former female jail inmates who accused the sheriff of covering for jailers who allegedly raped and sexually assaulted them.
Sheriff Jay Blackfox was never accused of any sexual wrongdoing, according to the 36-page federal court complaint.
"I did not cover up anything," Blackfox said Wednesday. "I would not have tolerated any kind of sexual misconduct out of my staff."
District Attorney Eddie Wyant said it was in the county's best interest to settle the lawsuit.
"It would have been easier for the commissioners to let this case go to trial instead of making the tough decision to settle this case," Wyant said.
The settlement is three times the county's $4.5 million annual total budget, records show.
Wyant said the 2-year-old lawsuit could have gone to trial and everybody would have heard both sides. When the allegations first surfaced, the former inmates would not cooperate with investigators and some even recanted their stories, he said.
"But the problem is - that was a huge gamble the county couldn't take a chance on," Wyant said. "This settlement protects the county. If the case would have gone to trial, the judgment could have been much more. There is no cap on what a jury could have awarded."
Wyant said the $13.5 million figure is what Chief U.S. District Judge Claire Eagan recommended "for the best interest of the county."
The county spent $600,000 in attorney fees, according to the county commissioners. Repeated telephone calls to Chris Collins, Ambre Gooch and Phil Anderson, attorneys for Blackfox, were not returned.
Wiping away tears, Commissioner Doug Smith said during Wednesday's county commission meeting - where the settlement was announced - he would "like to apologize to anyone that has been harmed in the lawsuit."
"This is the hardest thing I have ever had to do," Commissioner Billy Cornell said after the meeting.
Smith said there is the potential that part or all of the settlement money will be paid by raising property taxes. It isn't known whether the settlement proceeds will be handled by the county's insurance policy. If not, then property taxes would be raised, he said. If property taxes are raised, the earliest the increase would go into effect is January 2013, Smith said.
Should the settlement fall to the homeowners, the hike in property taxes will last three years and be around 18 percent, or $171 extra per year based on a $100,000 home, said Delaware County Assessor Leon Hurt.
'Sexual romper room'
"We alleged the sheriff permitted his jail to be a sexual romper room," said R. Thomas Seymour, attorney for the 15 female former inmates.
Seymour said the women were present at the settlement conference.
"No amount of money can restore their dignity that was lost," Seymour said. "They are very unhappy the sheriff and (jail administrator) Lonnie Hunter remain employed."
Seymour said the settlement money will not be split equally but divided, based on the severity of sexual allegation.
"The least amount of money a woman will receive who claimed to be raped is $1.215 million and the most money a woman can receive who claimed to be raped is $3.375 million," Seymour said.
Lesser sexual offenses range from $67,500 to $405,000, he said.
Hunter and Deputy Bill Sanders Sr. were at the center of most of the sexual allegations while Blackfox was accused of ignoring the female inmates' complaints, according to court records.
When asked if Hunter confessed to any sexual wrongdoing in the civil case, Seymour responded that his deposition was taken and its contents are confidential.
No criminal charges have been filed against Hunter. Wyant said he is waiting for the Oklahoma State Bureau of Investigation to complete its criminal investigation.
Hunter has been on paid administrative leave since April 19 and does not have a listed telephone number, records show.
Sanders was dismissed from the Sheriff's Department and died in November 2008. Sandra Sanders, his wife, does not have a listed telephone number.
The women were incarcerated from 2005 to 2010 on charges ranging from drug and alcohol violations to assault and battery and larceny.
One of the former inmates is serving a five-year prison sentence based on what Seymour says is retaliation for her being a plaintiff in the lawsuit. Seymour declined to identify the woman.
"The sexual allegations vary from all across the board," Seymour said. "They are the grossest kinds of sexual impropriety."
The jailers would "bargain" with female inmates and asked them to expose their breasts for food, cigarettes, candy and personal items, the complaint says.
Sanders and Hunter were accused of raping and groping inmates while driving them to doctor appointments, in the jail's shower or in a prison cell, the complaint states.
Delaware County commissioners said they couldn't address any disciplinary measures toward the Sheriff's Department.
Blackfox, known for his easygoing personality, was first elected by 66 percent of the vote in August 2004. His current term ends in 2012.
Alleged victims and offenses
Plaintiff 1 - Incarcerated from Nov. 3, 2005, to May 17, 2006; June 25 to July 7, 2007, and May 29 to June 1, 2008. Alleges she was groped.
Plaintiff 2 - Incarcerated from Jan. 11 to Jan. 23, 2008. Alleges she was groped.
Plaintiff 3 - Incarcerated from April 23 through July 15, 2008. Alleges she was raped.
Plaintiff 4 - Incarcerated from May 15 to July 11, 2008. Alleges she was groped, sexually assaulted and raped.
Plaintiff 5 - Incarcerated from Oct. 3-23, 2007. Alleges she was groped and sexually assaulted.
Plaintiff 6 - Incarcerated from Aug. to Dec. 2007. Alleges she was groped and sexually assaulted.
Plaintiff 7 - Incarcerated from Jan. 30 to March 20, 2008, and from June 29 to Oct. 8, 2008. Alleges she was raped.
Plaintiff 8 - Incarcerated March 2008. Alleges she was sexually assaulted.
Plaintiff 9 - Incarcerated from April to June 2008. Alleges she was sexually assaulted.
Plaintiff 10 - Incarcerated from June through December 2008. Alleges emotional distress.
Plaintiff 11 - Incarcerated from Sept. 26 to Oct. 20, 2007; Aug. 17 to Oct. 29, 2008 and from July 8 to August 2010. Alleges she was groped and sexually assaulted.
Plaintiff 12 - Incarcerated from Jan. 21 to Jan. 29, 2009. Alleges she was sexually assaulted.
Plaintiff 13 - Incarcerated from September to November 2007, February to March 2008 and from February to April 2009. Alleges she was groped and sexually assaulted.
Plaintiff 14 - Incarcerated from Oct. 30 to Nov. 15, 2007. Alleges she was asked to participate in a homosexual act.
Plaintiff 15 - Incarcerated from June 23 to July 17, 2008. Alleges sexual assault and rape by instrumentation.
Source: Court documents
Editor's note: This story has been changed since its original publication.
Original Print Headline: Delaware County settles suit
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