Former Duke University Police Department officer Webster Simmons will go to court next month on two felonious charges of rape and sodomy.
Simmons, who is no longer a University employee, was arrested and charged with rape and sodomy in Dothan, Ala. Oct. 26, 2009 after he allegedly assaulted a 34-year-old woman after leaving a nightclub with her.
His court date is scheduled for May 9, according to the clerk of Circuit Court in Houston County, Ala. As of December 2009, Simmons was no longer listed as an employee, DUPD Chief John Dailey said in an interview.
Simmons will be represented by two court-appointed attorneys, Valerie Judah and Billy Joe Sheffield, according to the clerk of court office.
If convicted, Simmons faces a sentence of at least 10 years for each of his two charges, which are both listed as Class A felonies in Alabama.
Shortly after Simmons’ arrest, the University launched an internal investigation of Simmons. Standard University investigations examine whether employees violate any Duke or departmental policies. Due to personnel privacy regulations, Dailey was unable to comment on whether Simmons was found in violation of any policies.
“[The investigation] was prompt and concluded shortly after we were aware of the charges,” he said.
The University is allowed to release employees if they are charged with crimes, Dailey said. It remains unclear exactly why Simmons is no longer an employee.
Following his arrest, Simmons was suspended with pay from DUPD Oct. 27, 2009 and was subsequently put on unpaid leave Nov. 4, 2009. The University launched a routine investigation into the former officer’s conduct at Duke following his arrest. At the time, Dailey said there was no indication that Simmons had violated any University policies.
Simmons allegedly assaulted a 34-year-old woman between 1 a.m. and 4 a.m. Oct. 24, 2009, Houston County Sheriff Andy Hughes said shortly after Simmons’ arrest. Hughes said Simmons knew the woman and purchased her a drink before leaving the club, adding that she might have been drugged. The woman woke up during the alleged attack handcuffed and gagged.
Alabama police obtained a warrant to search Simmons’ car, where they discovered two pairs of handcuffs, a whip, a ball gag, rope and a power device with a nail attached, Hughes said. Simmons’ DUPD-issued gun was also discovered in the car, Capt. Antonio Gonzalez of the Houston County Sheriff’s Office said shortly after Simmons’ arrest.
Simmons was held in the Houston County jail on $120,000 bond following his arrest. He is no longer in jail.
Simmons joined the University police department in December 2008 after working as a field operations officer with the Raleigh Police Department from June 15, 1998 until resigning Oct. 31, 2007.
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