FORT WAYNE – Fort Wayne police officer Mark Rogers now faces two charges of rape in connection with an alleged sexual assault in September.
Prosecutors this week asked to amend the charges against Rogers, and on Thursday Allen Superior Court Magistrate Samuel Keirns granted their request.
Two Class B felony charges of rape were added. One count alleges the victim was compelled to submit sexually to Rogers by force or the imminent threat of force. The other accuses him of having sex with the woman while she was “so mentally disabled or deficient” she was unable to give consent, according to court documents.
With the addition of the new charges, Rogers faces a significantly greater period of time behind bars if he is convicted in the case.
Rogers, a crime scene technician, was working on a drunken-driving enforcement patrol Sept. 1 and stopped the woman. Because of her level of intoxication, she vomited, so Rogers took her to St. Joseph Hospital for treatment, according to court documents.
After she was released, Rogers put her in handcuffs in the back of the squad car and then drove her to a park where he sexually assaulted her, according to court documents.
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 affidavit.
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.
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.
After his arrest, Rogers was charged with a Class C felony count of sexual misconduct, a Class D felony count of official misconduct and a misdemeanor charge of false informing. The prison sentence ranges are six months to three years on the Class D felony and two to eight years on the Class C felony.
With the addition of the Class B felony charges, Rogers now faces six to 20 years in prison. He is scheduled to stand trial next spring, according to court records.