Multi-Million Dollar Lawsuit Filed Against Current And Former Chilhowie Town Officials

By The Continuous News Desk

Published: June 11, 2008

BY DAN KEGLEY
MEDIA GENERAL NEWS SERVICE

CHILHOWIE, Va. – A $30.35 million lawsuit was filed Friday against current and former town officials, seeking damages related to a 2006 incident for which two former town police officers are now serving prison sentences.

Sarah Coalson filed the suit in Smyth County Circuit Court, and it names as defendants the town of Chilhowie, former police chief Dwayne Sheffield, former police officer Brian Doss, Mayor Gary Heninger and former town manager William Rush. It also names current town council members and one former council member.

In November, Sheffield took an Alford plea to a charge of object sexual penetration in a deal to avoid prosecution on four other charges. Under an Alford plea, a defendant maintains innocence while admitting the prosecution has evidence sufficient for a conviction.

He had faced charges of rape, contributing to the delinquency of a minor, sexual battery and child endangerment.

A month after Sheffield’s sentencing, Doss pled guilty to charges of felony child endangerment, which was amended from charges of abuse and neglect of a child; and sexual battery was amended to assault and battery, according to court documents.

In the plea agreement, the judge dropped forcible sodomy and sodomy charges, court papers showed.

Coalson, who is now 18, filed the suit through Abingdon, Va., attorney David Childers. The complaint stipulates the former town employees and council members were in those positions in October 2006 when the police department “sponsored, organized, supervised and operated a Halloween haunted house.”

According to the 42-page lawsuit, Coalson, who was 17 at the time, was a volunteer at the haunted house and was helping Doss and Sheffield close down the attraction for the night.

“As they walked toward the back exit, Sheffield left Doss and Coalson alone to, presumably, shut off the building’s electric generator,” the suit indicated. “Doss began to kiss and fondle Coalson as they stood in the main hallway of the building.”

Sheffield returned and also began kissing and fondling Coalson, “against her will,” the lawsuit stated.

“Coalson, because she feared for her life and because she was extremely intimidated by Sheffield and Doss, did not protest, nor did she agree to go with the two officers into the ‘private’ room. Coalson was led into the room by her hand by the two officers.”

The suit claims Doss and Sheffield held Coalson and forcibly assaulted her.

The suit seeks $5 million from Sheffield and the town, and the same from Doss and the town, on a count of sexual assault and battery, $4 million from each man and the town on a count of intentional infliction of emotional distress, and $1 million from each and the town on a false imprisonment count.

The suit seeks $500,000 from Heninger, Rush and each of the named council members, representing $250,000 for each count of negligent hiring and retention of Sheffield and of Doss.

An additional $6 million is sought from Sheffield on a count of negligent hiring and retention of Doss.

The suit seeks $350,000 in punitive damages, the statutory maximum, attorney Childers said.

“Coalson and her family have also been required to expend large sums of money for medical and psychiatric care, and Coalson and her family will be required to do the same in the future,” according to the lawsuit.

Childers declined Tuesday to discuss the lawsuit.

“It’s best for me to have no comment,” he said. “I really don’t want to comment on anything or answer any question that deals with any sort of the facts in the case.”

Chilhowie Town Attorney Danny Lowe also declined to respond to the suit.

The mayor likewise declined to comment. “Anybody can sue anybody for anything, you know,” Heninger said. “We’ll wait and see what happens.”

The civil action follows several months of criminal proceedings against Sheffield and Doss.

Judge William N. Alexander II sentenced Sheffield in November to 10 years with six years and 10 months suspended – an effective sentence of three years and two months.

Alexander sentenced Doss to three years, but suspended two years and three months, for the abuse and neglect charge; and 12 months for the assault and battery with nine months suspended, according to documents.

Doss will spend 12 months incarcerated with credit – 96 days – for time served, including house arrest. Three years of active probation follow the incarceration.

DAN KEGLEY writes for the Smyth County News & Messenger and can be reached at .