Ex-Buncombe jailer who was sexually assaulted by captain wins settlement
ASHEVILLE - A former Buncombe County jailer who was sexually harassed and assaulted by a high-ranking jail officer has won a $695,000 settlement.
Ex-Detention Officer Cynthia Heaton filed the lawsuit in 2020, a year after former Capt. Charles "Josh" Wilhelm pleaded guilty to misdemeanor assault on a female involving two victims, according to a Feb. 7 announcement by the office of Sheriff Quentin Miller. Wilhelm worked under former Sheriff Van Duncan.
Heaton did not immediately respond to messages seeking comment.
Heaton alleged that Duncan’s administration was negligent in supervising and retaining Wilhelm, resulting in damages stemming from his sexual harassment and assault of her.
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“What happened to Ms. Heaton was inexcusable and this settlement represents the consequences for acts of sexual assault and sexual harassment in the workplace. It is imperative that when a supervisor learns about a potential violation of the sexual harassment policy, they report it up the chain of command immediately,” County Attorney Curt Euler said in the release.
State Bureau of Investigation arrest warrants painted Wilhelm as a repeat offender who forced himself on the women over the course of months.
The first incident dated back to early July 2017, when Wilhelm was a lieutenant facilities supervisor with the sheriff's office. On that day, Wilhelm fondled a woman "by force and against the will of the other person," the warrants read.
During the next several months, Wilhelm forced himself on the same victim three more times, the SBI said.
He found a victim in another woman in August, according to warrants. During two separate encounters that month, Wilhelm rubbed his victim's thigh, forcibly pushed her against a wall and kissed her against her will while fondling her.
Wilhelm was later promoted from lieutenant facilities administrator to captain with a salary of $68,464.
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Following a complaint in 2018, then-Sheriff Duncan suspended Wilhelm and requested an SBI investigation. After a briefing from the SBI, Duncan fired Wilhelm, then a nearly-14 year veteran of the sheriff's office.
Wilhelm was arrested and charged with six counts of misdemeanor sexual battery. In December 2019 he pleaded guilty to three counts of assault on a female and was sentenced to a 30-day active jail sentence.
The $695,000 settlement came through voluntary mediation between Heaton and the county.
"On behalf of the Buncombe County Sheriff's Office, I apologize to Ms. Heaton for the harm she suffered," Sheriff Miller said in the release. "Sexual assault and sexual harassment are never acceptable. If any employee of the sheriff's office has been subject to sexual assault or sexual harassment, I encourage them to report the matter to our Office of Professional Standards and/or Human Resources."
This story will be updated.
Joel Burgess has lived in WNC for more than 20 years, covering politics, government and other news. He's written award-winning stories on topics ranging from gerrymandering to police use of force. Got a tip? Contact Burgess at jburgess@citizentimes.com, 828-713-1095 or on Twitter @AVLreporter. Please help support this type of journalism with a subscription to the Citizen Times.
This article originally appeared on Asheville Citizen Times: Sexually harassed, assaulted Asheville jail staffer wins settlement
