DART driver sexually assaulted passenger with Down syndrome, lawsuit says
A paratransit driver for Dallas Area Rapid Transit sexually assaulted a passenger with Down syndrome twice last year, according to a federal lawsuit filed Tuesday.
The suit accuses Cedrick Agent of sexually assaulting the woman, a longtime paratransit passenger, twice in September 2013 after all other passengers had been dropped off at their destinations. A lawyer for the woman’s guardian said DART withheld the driver’s name for more than year several months, even after a criminal complaint was filed with the agency’s police department.
“They said it might be embarrassing to their employee,” said T Nguyen, a Dallas attorney.
It was unclear Tuesday morning how long Agent drove for DART and MV or whether he is still driving. DART records indicate Agent was driving as recently as June 2014. DART spokesman Morgan Lyons said agency police and “other agencies” investigated the accusations.
“Investigative results could not confirm the allegations,” he said.
Nguyen said DART paratransit contractor MV Transportation provided the driver’s name last week. The lawsuit names Agent, DART and paratransit contractor MV Transportation as defendants. Agent could not be reached for comment. An MV spokeswoman did not immediately respond to a request for comment. A DART spokesman said the agency typically does not discuss pending litigation.
The woman who was allegedly assaulted is named as Jane Doe in the suit. The woman is in her 30s, but Nguyen said “her verbal and mental state is more like a 6-year-old.”
Nguyen said the woman’s guardian didn’t know anything had happened until a few days after the alleged assaults. The guardian filed a criminal complaint with DART police, Nguyen said, and gave officers two pairs of underwear the woman wore during the alleged assaults.
Nguyen said the underwear had been washed between the times that the alleged assaults occurred and when the guardian learned of them.
Nguyen said when she requested copies of the police report, the driver’s name was redacted. She said that prevented the guardian from knowing if a criminal case was filed with the Dallas County district attorney’s office because cases are generally organized by a defendant’s name.
“So we don’t know what happened,” Nguyen said.
A district attorney’s office spokeswoman Tuesday told The Dallas Morning News she would see if any cases had been filed against Agent.
Nguyen said when she followed up with DART police about the criminal complaint, a department employee referred her to the agency’s general counsel.
“You’re an authority,” she said. “You’re here to protect the public and you’re telling me to call DART legal?”
Nguyen said she also asked the agency for video footage from the woman’s rides, but was told none existed. It was unclear Tuesday morning why there may be no video. DART spokesman Morgan Lyons said paratransit vehicles have cameras on them. DART spokesman Morgan Lyons originally told The News the vehicle had a camera on it but later Tuesday said it did not.
Nguyen also said that police referred her to DART’s legal office when she asked for the underwear back. She said an employee in the legal department said the police would keep the underwear.
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This item was updated at 12:18 p.m. Nov. 11 to reflect a clarification from DART spokesman Morgan Lyons about whether or not the vehicle had a camera on it. He originally said it did, but later said it did not. It was updated at 1:51 p.m. to reflect the plaintiff’s attorney’s correction about how long it took to find out the driver’s name. It was updated at 2:18 p.m. to add Lyons’ comment that DART investigated but could not confirm the accusations.