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Officer arrested after alleged sexual assault

Rogers
Michelle Davies | The Journal Gazette
Chief Rusty York speaks briefly about a Fort Wayne Police officer that has been placed on administrative leave pending an investigation.

A Fort Wayne Police Department officer was arrested and placed on unpaid administrative leave Monday after charges were filed accusing him of having sex with a woman while she was in his custody.

Officer Mark A. Rogers, a 19-year veteran of the department, was arrested about 10:30 a.m. Monday on felony charges of sexual misconduct by a service provider and official misconduct.

Rogers, 45, has been a crime scene technician for the city police department, but was working on a drunken driving enforcement patrol when the encounter happened, according to a probable cause affidavit filed Monday.

On Sept. 9, a woman filed a report stating that she had been sexually assaulted by Rogers.

According to the probable cause affidavit, Rogers picked up the woman for driving while intoxicated on Sept. 1 and, because of her level of intoxication, Rogers took her to St. Joseph Hospital for treatment.

After she was released, Rogers placed her in handcuffs in the back seat of his police car, court documents said.

The woman said Rogers stopped the car three or four times before stopping at a park, taking her out of the police car and removing her handcuffs. She said Rogers then had sex with her on a park bench and she “fully cooperated with these acts as she feared for her physical safety because she knew (Rogers) was a Fort Wayne Police Officer,” according to the probable cause.

Rogers then drove the woman to her home, court documents said.

After the encounter, Rogers filed a report stating that he responded to a call about a motorist passed out in a vehicle near Lima and Edgewood roads. He wrote that he began to transport her to the Allen County Jail, but she began to vomit so he took her to the hospital for treatment.

Rogers’ report states he was told she would be at the hospital for a while for observation, so he told hospital personnel he would file a warrant for her arrest for operating while intoxicated, according to the probable cause.

His report then states he returned to the police operations center and “completed OWI paperwork and forwarded same for issuance of a warrant,” but did not indicate he took the woman to her home after she was released from the hospital.

Rogers was also charged with misdemeanor false informing, according to court documents.

Security video at the hospital and jail shows Rogers putting the woman in handcuffs and walking her out the emergency room door, contrary to Rogers’ report, the probable cause said.

As of Friday, the Allen County Prosecutor’s Office had not received warrant paperwork for the woman’s arrest.

On Monday, Rogers was arrested and questioned. According to the probable cause affidavit, he asked to speak to an attorney and stated “I threw 19 years away for a (expletive) woman.” Rogers is charged with Class C felony sexual misconduct by a service provider and Class D felony official misconduct

York said an investigation began a little more than a week ago after a complaint originated in Allen County.

Also on Monday, York asked the Board of Public Safety to place Rogers on unpaid administrative leave pending an investigation by the Allen County Sheriff’s Department. The board approved his request.

jcrothers@jg.net

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