SACRAMENTO (CN) - A parole officer raped a woman in the presence of her 4-year-old daughter, and despite DNA evidence, a cowardly prosecutor refused to indict the man, the woman claims in court.
Mandy R. sued the California Department of Corrections and Rehabilitation and Parole Agent O'Shea Nero, in Superior Court.
"At the time of this incident, October 6, 2011, Mandy R. was a 31-year old, single mother. Mandy R. was not and had not been at any time on probation or parole for any criminal offense," the complaint states.
Nero was parole officer for Mandy R.'s ex-boyfriend, who was staying in an extra bedroom in her home until he could find another place to live, according to the complaint. Nero had visited the home several times to meet with the parolee and search his room, Mandy claims.
During the last visit before he raped her, Mandy says, she was gardening outside and Nero made inappropriate comments, including calling her a "thick, white bitch."
Then, according to the complaint: "On Thursday, October 6, 2011, Nero showed up at Mandy R.'s home without any notice at approximately 12:00 noon. This was a time at which her ex-boyfriend was not there, nor would have been expected to be there. Mandy R. later learned that Nero had given the parolee a pass to be in Foster City that day, which further increased the prospects of him finding her home alone."
Nero was wearing plainclothes with his badge visibly displayed, as he had during his previous visits, according to the complaint. After she told Nero that her ex-boyfriend wasn't there, Nero did not go into the parolee's room, but instead walked into Mandy R.'s bedroom, she says.
"Mandy R. followed Nero into her room to find out why he was in there," the complaint states.
"After Mandy R. entered her bedroom, Nero shut the door behind her and almost immediately told her that he wanted to 'Look at them titties.' He lifted her shirt above her breasts, pulled her bra aside and forcefully put his mouth on her exposed breast," the complaint states. "He repeated his comment, 'You're a thick, white bitch.' Mandy R. was stunned and asked him, 'What the fuck are you doing?' Nero told her 'You know you want this big dick.' With that he pushed her onto the bed, yanked her pants down, put on a condom and raped Mandy R. by vaginal penetration with his penis. He then took off the condom. Mandy R. tried to move away from Nero. He positioned her on her stomach and raped her again by vaginal penetration without the condom."
Mandy says her daughter then walked into the bedroom.
"Nero, apparently taken aback by Faith B.'s having witnessed her mother's rape, quickly adjusted his clothes and shortly thereafter left in his vehicle," the complaint states.
Mandy says she reported the rape to the Sacramento Police Department, and a rape kit and DNA analysis of her and of the used condom that Nero had left in the room supported her account of the incident.
Yet, "Despite the recommendation of the investigating officer and the confirming forensic evidence, the Sacramento District Attorney's Office, in an act of prosecutorial cowardice, did not file criminal charges against Nero," the complaint states.
Mandy says she "suffered physical injury, the violation of her person, a violation of her rights, pain and suffering, emotional distress and incurred medical and legal expenses, and other injuries. (Her daughter) sustained emotional distress and had her right to a parental relationship interfered with by Nero's conduct," according to the complaint.
The mother seeks damages and punitive damages for herself and her daughter, on 17 counts, including rape, sexual battery, assault by an officer, intimidation by coercion, racial discrimination, civil rights violations, and intentional infliction of emotional stress.
They are represented by Stewart Katz.
Read the Top 8
Sign up for the Top 8, a roundup of the day's top stories delivered directly to your inbox Monday through Friday.