Sexual assault allegations continue in civil lawsuit and appeals

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Editor’s Note: The typical policy of observers is to avoid identifying those named as victims in sexual assault cases. In this case, Kaitlin Warner chose to be identified after being offered the option to remain anonymous.

Judges gavel on wooden table

A years-long legal battle continues over allegations of sexual assault involving a local business owner, and the woman who says she was raped wants to speak up for herself. In August 2014, a Bernalillo County grand jury indicted Rio Rancho Armory owner Andrew Davis. , now 37, charged with raping and inappropriately touching a girl aged 13 to 16 in July 2008 and January 2009 in Bernalillo County. Davis denied the charges, and his wife and lawyer at the time publicly said the accuser lied. The daughter, Kaitlin Warner, now 28, maintains she told the truth. I never lied about what happened with Andrew against me, she said. I don’t want my reputation and my name tarnished because of something that has already been so difficult for me. Santa Fe attorney Gary W. Boyle, who represents the Davis family, said Davis is someone everyone should respect and has suffered persecution attempts. We firmly believe that Mr. Davis is a strong member of your community, a businessman and a family man, said Boyle.

Case History In October 2015, Davis did not contest the criminal charges, meaning he did not admit his guilt but would not fight the charges, according to court documents. In January 2016, he was sentenced to five years probation without jail time, allowed to keep his gun store, and required to complete the treatment of sex offenders at his own expense. In February, the charges were dropped after fulfilling the conditions of probation. In 2017, Warner filed a civil action against Davis on charges of rape, libel and intentional infliction of emotional distress, and against his wife, Carly Montgomery Davis, on charges of defamation and intentional infliction of emotional distress. . In 2019, a civil jury returned the verdict that Davis did not rape Warner, but that he and his wife were liable for libel and hurt feelings, and should pay punitive damages, according to court documents in Bernalillo County District. Warner received compensatory and punitive damages. $ 27,000 from Andrew Davis and $ 37,000 from his wife. Warner and her attorney, Joe CampBell, have appealed the jury’s verdict that Davis did not rape her, and the Davis and Boyles have appealed the jury’s verdict that the couple are responsible for libel and injury intent. emotional, Boyle said. The New Mexico Court of Appeals will ultimately rule on these appeals.

Accusers storyWarner, who now lives in the Pacific Northwest, said Davis raped her when she was 14 and 15. Davis and his father were friends and colleagues at one point. I have tried to keep myself personally and professionally away from this for as long as possible, she said. During the criminal proceedings, Davis accused Warner of laying the charges because of a grudge his father, Chuck Warner, held against Davis. Warner said that was not true and that, contrary to Davis’ accusations, she did not have a criminal record. During criminal proceedings and on the witness stand in the civil trial, Warner said Davis denied having had sexual contact with her. Months before the civil trial, she said, one of her previous attorneys asked her to settle the lawsuit for $ 50,000 and sign a document stating that any sexual contact was consensual. Warners’ father provided an undated court document in which CampBell responded to a request. for Warner to confirm or deny whether she had consensual sex with Davis. CampBell wrote that at the time, Warner was too young to consent to sex and was under the influence of the alcohol Davis gave him. Warner refused the settlement. I wasn’t going to sign something that wasn’t true, she said. And it wasn’t about the money. She asked why the previous lawyer would have asked her to say that the sexual contact was consensual if it had not happened. And that’s what I want people to know the truth about, Warner said.

DefenseBoyle said the civil jury verdict that Davis did not rape Warner was a clear conclusion. He also said that the entirety of Warner’s verdict in favor of libel, emotional damage and punitive damages was wrong. punitive damages, Boyle said. He added that Warners’ claims have very technical definitions and qualifications that require proof of specific facts, which the complainant does not have. We think the court should have rejected them, it should never have gone to a jury, Boyle said. his clients have filed for a new civil lawsuit for libel and emotional harm. He expects the state appeals court to leave in place the verdict of not guilty on the rape charges. amount of time, Boyle said.

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