Larry E. Nicholson was either a jailer doing his job, conducting a routine patdown of a female prisoner, or was a sexual predator using his badge as a license to sexually assault her.
Nicholson, a jailer with the Cape Girardeau Police Department, was charged Wednesday with the sexual misconduct and assault of a 20-year-old Cape Girardeau woman.
He is suspended from his job without pay, and police chief Steve Strong said Friday he started the process of firing Nicholson.
Cape Girardeau County Prosecuting Attorney Morley Swingle said that on April 17, Nicholson rubbed the woman's genitals, breasts and buttocks through her clothes and without her consent.
Nicholson is scheduled for arraignment Nov. 15 before Associate Circuit Judge Gary Kamp. All the charges are misdemeanors. Nicholson, 44, who is a resident of Tamms, Ill., was not taken into custody.
There was no phone listing for Nicholson, and his lawyer, A.J. Seier, did not return phone calls.
Strong said he met with Nicholson Friday and in-formed him he would be fired. Nicholson has two working days to contest the decision. After that, he may appeal to the city manager, Strong said.
Strong said he could not discuss what he believes happened, but said the vast majority of sexual complaints against police tend to be unfounded.
"But when we find a case like this, it is part of our policy to then turn over our information to prosecuting attorney for his review," he said. "We have done that, and he filed charges."
Nicholson began working for the Cape Girardeau Police Department in July 2000.
Was jailed on theft charge
According to Ben Lewis, the victim's lawyer, the woman was in jail for stealing clothing for her child in March. Police reports also stated she was in possession of a controlled substance and a weapon.
Lewis said the woman got into an argument with Nicholson and threw a wad of tissue paper at him. Nicholson then threw orange juice on her through the jail bars.
The woman retaliated by throwing what Lewis described as lukewarm coffee at Nicholson. The argument resulted in the woman getting an additional assault charge on April 22.
"Then she comes back to see me, and that's when this stuff comes out about the other conduct on his part," Lewis said. "This has been genuinely upsetting for her."
Lewis said Nicholson claims he was just doing a patdown. He declined to say whether the woman plans to file a lawsuit.
Police spokesman Cpl. Rick Schmidt said the woman's complaint was investigated by the professional standards team, made up of local officers.
The results, which Schmidt would not discuss, were then turned over to Swingle, who filed the charges. Schmidt said Nicholson was alone with the inmate and said he didn't know if there were witnesses.
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