NC jailer under investigation in alleged sexual assault of trans inmate, sources say
A Mecklenburg County jailer is under investigation in connection with the alleged sexual assault of a transgender inmate, The Observer has learned.
Two sources with direct knowledge of the case — who asked not to be identified because they are not authorized to discuss it — have confirmed an ongoing Charlotte-Mecklenburg police investigation into a possible sexual assault by a detention officer at the jail last month.
No charges had been filed in the case as of Friday afternoon.
The alleged attack occurred Thursday, May 20, according to one source, and the jailer involved was suspended the next day.
The Mecklenburg County Sheriff’s Office announced Tuesday that detention officer Kyle Harris had been suspended on Friday, May 21, pending an investigation into possible “criminal misconduct.” The statement gave no other details.
Janet Parker, a Sheriff’s Office spokeswoman, confirmed Friday that Harris is the only Mecklenburg jailer currently suspended and under criminal investigation. Harris could not be reached for comment Friday, May 28.
Little information about the case has emanated from the jail. Sheriff Garry McFadden did not respond to Observer requests for an interview. Chief Deputy Rodney Collins refused comment, citing the ongoing investigation by CMPD.
Police spokesman Rob Tufano did not respond to Observer emails, texts and phone calls seeking comment about the case on Wednesday, Thursday and Friday.
The Observer generally does not identify the alleged victims of sexual assault. Sources told The Observer that the alleged jail attack involved a 21-year-old transgender person who identifies as a woman, and who was being held in pretrial detention as a defendant in a federal identity-theft prosecution.
Judge reconsiders bond, release
According to documents in her federal case, the woman was arrested on multiple felony charges in February. In March, U.S. Magistrate Judge David Keesler ordered her to remain in custody until her trial. Jail records show that she was released from Mecklenburg custody on Tuesday and booked into the Gaston County Jail later that morning.
That same day, her attorney, Assistant Federal Public Defender Cecilia Oseguera, filed two sealed motions in federal court calling on Keesler to reconsider his earlier decision to keep the woman in custody.
During an expedited and tight-lipped hearing Thursday at the federal courthouse in Charlotte, Keesler first talked privately for 15 minutes in a corner of the courtroom with Oseguera and Assistant U.S. Attorney Caryn Finley.
The judge then announced — without elaboration — that he was freeing the inmate on $25,000 unsecured bond and putting her on house arrest. She was placed under the supervision of her mother and ordered to wear electronic monitoring. Keesler also ordered that the woman receive “any medical or mental health treatment” necessary.
There was no discussion of what Oseguera’s motions had said or why the judge had changed his mind on granting the woman’s freedom. Finley, who had opposed the woman’s bond in March, did not object to her release on Thursday.
Asked why the federal prosecutor had gone along with freeing the woman under the judge’s restrictions, a spokeswoman for the U.S. Attorney’s Office in Charlotte said, “While I can confirm that the defendant’s bond conditions were modified, I cannot comment further, as the basis for the modified bond conditions are contained in a sealed document.”
Oseguera’s client entered the courtroom Thursday with handcuffs on her wrists and ankles and wearing a Gaston County Jail jumpsuit. She said little during the hearing other than to acknowledge to the judge that she understood and would abide by the conditions of her release. Jail records indicate that she left the Gaston County Jail just after 2 p.m. the same day.
During the hearing, the inmate’s mother sat two rows behind her, joined by longtime Charlotte activist John Barnett. In a subsequent phone interview, Barnett said he was helping the family find an attorney to represent them in any civil matters that might arise.
In a phone interview with The Observer on Thursday, Oseguera refused to discuss her court filings or why at this point she had called on the judge to set her client free. But she added: “My client is definitely a victim in this matter.”
When asked in a follow-up email if her client had been sexually assaulted at the jail, Oseguera said she could not answer any questions.
Violence against transgender community
The inmate’s allegations, if true, mark the latest act of violence against Charlotte-area transgender residents. In April, two Black transgender women were fatally shot in Charlotte motels.
Jaida Peterson, 29, was discovered in a room at Quality Inn near the airport, on April 4, Easter Sunday.
Eleven days later, police found 28-year-old Remy Fennell at the Sleep Inn in University City.
Two suspects in the killings, Dontarius Long, 21, and Joel Brewer, 33, have been charged with murder and robbery conspiracy, among other charges, The Observer has previously reported.
Meanwhile, Thomas Hardin of York, S.C., another Black transgender woman, is among the five murder victims now linked to accused killer Tyler Terry, who faces murder charges in two states. Terry’s alleged accomplice, Adrienne Simpson, has also been charged with murder in connection with the killing of Hardin, who was found May 2 in his home.
The Human Rights Campaign reported at least 27 violent deaths of transgender or gender non-conforming people in 2021. That follows a record 44 killings in 2020.
According to the HRC, almost half of the country’s transgender residents will be sexually assaulted during their lifetimes.
This story was originally published May 28, 2021 at 3:59 PM with the headline "NC jailer under investigation in alleged sexual assault of trans inmate, sources say."
