An Idaho officer was charged with rape, died by suicide. Now the victim is suing

Alex Brizee, Idaho Statesman

Editor’s note: This communicative contains schematic specifications of a intersexual battle account.

POCATELLO (Idaho Statesman) — An Idaho female who was incarcerated astatine nan Pocatello Women’s Correctional Center has sued nan state’s situation strategy complete allegations it “grossly failed” to protect her from a erstwhile correction serviceman who admitted he sexually assaulted her successful November 2021.

The suit accused Idaho Department of Correction Food Service Officer Derek Stettler of sexually battering nan 37-year-old female aft he backed her into a bath area and forced her to “perform oral sex” connected him, according to nan 11-page complaint. In an question and reply pinch Idaho State Police, Stettler said he sexually assaulted nan woman, according to records.

“I cognize each astir (the Prison Rape Elimination Act) and each that. I really f****d up,” Stettler said successful an August 2022 question and reply pinch authorities police. “I cognize location is nary consent, it does not exist, and moreover if they want it and signed a contract, (it) is still a no.”

Under nan national Prison Rape Elimination Act, aliases PREA, individuals who are incarcerated wrong authorities prisons aliases region jails cannot consent to intersexual contact, truthful immoderate shape is considered intersexual abuse.

It wasn’t until November 2022, aft an investigation by Idaho State Police, that galore felonies were revenge against Stettler: 3 counts of intersexual interaction pinch an big inmate and 1 count of rape, online tribunal records showed.

Police reports revenge by Idaho State Police, and obtained by nan Idaho Statesman, elaborate a monthslong investigation into nan accusations against Stettler — pinch respective group telling rule enforcement that he wasn’t nan only worker accused of inappropriate intersexual conduct.

A period aft nan Bannock County Prosecuting Attorney’s Office brought nan felonies against nan 42-year-old, Stettler killed himself successful December 2022. The female revenge nan suit against nan Idaho Department of Correction, nan women’s situation and Stettler’s property astir a twelvemonth later.

“While IDOC officials whitethorn person constricted power complete which inmates are assigned to them astatine nan Pocatello Women’s Correctional Center,” Meridian-based lawyer Susan Mimura wrote successful nan lawsuit, “they person absolute power complete which labor they elite to prosecute and to spot successful nan installation pinch nan inmates.”

AT LEAST 2 OTHERS ACCUSED OF SEXUAL CONTACT

The suit was besides revenge against correctional serviceman Jessica Urban for failing to study nan allegations. In nan authorities constabulary reports, Urban said she witnessed Stettler acting inappropriately pinch nan female aft Urban told him to extremity and spending clip pinch nan unfortunate alone. Other prisoners reported to Urban that they were uncomfortable pinch Stettler, she said.

“Despite nan accusation known aliases reasonably should person been known astatine nan time, Jessica Urban grounded to study nan inappropriate behaviour successful a timely manner,” nan suit said, accusing her of violating national rule and nan agency’s policies.

In nan authorities constabulary reports, Urban said that while she didn’t instantly study nan allegations, by August 2021 she had reached her “breaking point” and had started documenting Stettler’s interactions. She added that she besides told her supervisors but felt arsenic if she was nan “only one” who cared astir Stettler’s actions, nan reports said.

“She expressed that her concerns were going nowhere,” 1 study said. “She felt they wholly blew it off.”

Urban, who remains employed by IDOC, declined to remark to nan Statesman for this story.

At slightest 2 different labor were accused of having intersexual interaction pinch women incarcerated astatine nan prison, according to nan constabulary reports, 1 of whom was accused of covering for Stettler while he assaulted nan plaintiff — pinch Stettler past doing nan aforesaid for him.

Both of those men near nan agency past year, but it’s unclear why. A spokesperson for nan state’s situation strategy declined to comment, citing an exemption successful Idaho’s Public Records Act for unit records and providing only nan day nan men near their jobs. Neither has been charged pinch a crime.

“We person zero tolerance for intersexual maltreatment and harassment, and each reports are investigated,” IDOC spokesperson Sanda Kuzeta-Cerimagic told nan Statesman. “These investigations are important to uncover wrongdoing and/or exonerate individuals who are wrongly accused.”

‘IT FELT LIKE RAPE’: POLICE REPORTS DETAIL ASSAULT

From May to October 2022, investigators pinch Idaho State Police looked into nan allegations against Stettler, and interviewed respective labor and women astatine nan situation aft IDOC asked for nan investigation.

In an question and reply pinch police, nan female who sued said she’d known Stettler since 2015, erstwhile she was successful situation connected a different charge, according to nan reports. But it was erstwhile she was backmost astatine nan East Idaho situation successful August 2021 that things “started to escalate,” nan reports stated.

The woman, who worked successful nan prison’s room nether Stettler’s supervision, told authorities constabulary that she felt “obligated” to do immoderate Stettler wanted because of his position wrong nan department, nan reports said. She added that she didn’t cognize whether Stettler would retaliate against her if she resisted but that nan “not knowing scared” her, fixed that IDOC labor had nan power.

One time successful November 2021, nan female said successful authorities constabulary reports that she was replacing toilet insubstantial successful nan worker bath erstwhile Stettler followed her. She told constabulary that Stettler unbuttoned his pants, pulled retired his penis and told her to travel over. She said she responded, “Are you … kidding me?” but performed oral activity connected him.

Asked successful her question and reply pinch rule enforcement what her feelings were afterward, she replied that “it felt for illustration rape.” She said aft that incident, Stettler would travel up down her and “feel her up,” and she would show him that she didn’t want him rubbing her. By March 2022, nan female said, personification had informed superiors astir Stettler’s actions because he was “being weird” erstwhile they worked together successful nan kitchen, according to nan reports.

She was transferred to nan South Idaho Correctional Institution adjacent Boise that aforesaid month. According to nan reports and IDOC, Stettler was placed connected suspension sometime aft nan woman’s transportation and near nan section successful May 2022 — erstwhile authorities constabulary began their investigation.

Kuzeta-Cerimagic declined to opportunity whether Stettler was fired aliases resigned from nan department.

IDOC SAYS IT ADDED STAFF PRESENCE AND CAMERAS

During their investigation, authorities constabulary obtained respective letters Stettler had sent nan women, including 1 successful which he’d ejaculated and wrote, “I near you something,” according to nan reports. State constabulary arsenic portion of their investigation took DNA samples of nan wrong of Stettler’s mouth, though it’s chartless whether they matched nan DNA to nan missive earlier he died.

Stettler and respective others incarcerated astatine nan Pocatello installation told constabulary during nan investigation that location were areas successful nan room that were “blind spots” for nan information cameras. The reports said Stettler admitted successful an question and reply pinch constabulary that he’d told nan female not to do thing “unless they were successful those unsighted spots.”

Following nan investigation, IDOC — pinch nan thief of a $33,000 national assistance — purchased and added cameras to reside sum issues astatine nan Pocatello Women’s Correctional Center and nan Idaho State Correctional Institution, according to nan section and an yearly PREA report. The cameras were added successful November 2022.

Kuzeta-Cerimagic said successful an email that situation officials besides accrued unit beingness and nan number of random checks successful nan kitchen. They’ve besides continued to re-educate unit connected really to “identify reddish flags and supply due guidance and resources to residents,” she said.

“When wrongdoing is uncovered, we return a peculiar liking successful learning really to forestall a recurrence of akin behaviour successful nan future,” Kuzeta-Cerimagic said, adding that a reappraisal by nan section “highlighted immoderate areas for enhanced monitoring and security.”