A local woman is preparing to sue the state over a CHP officer who, she says, raped her after she was pulled over for driving drunk. The alleged incident involving Officer Jose Davila happened six months ago.
Now the woman's attorney, Daniel Rodriguez, is preparing to file a lawsuit against the state, after the District Attorney decided not to file charges a few months ago.
Rodriguez says his client, who 17 News interviewed, but hid her face, was driving drunk and was pulled over by a Sheriff's deputy.
The deputy called two CHP officers to take over the arrest.
The woman claims the officers, including patrolman Jose Davila, showed up to give her a sobriety test. The woman says Davila offered her a choice--- go to jail or let him escort her home. She chose the escort home.
In an interview in January, this is what the woman said happened next. "Next thing I know my door shuts. I freeze up. I lock up. I'm scared you know, he has a gun. He used his authority to take advantage of me."
"It's going to boil down to three issues," said Rodriguez. "Do we want to allow corruption in law enforcement? Two, is it ok to shake down a motorist that they have pulled over? Number three, this kind of stuff happens in other countries, are we going to allow it to happen in this country?"
Rodriguez filed a government claim Wednesday in preparation for filing a lawsuit.
CHP Officer Davila maintained all along that nothing criminal happened.
His attorney says Davila was so remorseful over the incident, he later resigned from the CHP.
