Black Man Who Used Surveillance Footage To Clear Himself Of Rape Charge Sues Accuser, Police For False Arrest
A Black detective has filed a civil rights lawsuit claiming he was wrongfully arrested after being accused of sexually assaulting his white neighbor during a celebration at his new home.
According to the lawsuit filed in the U.S. District Court for the Southern District of Texas, on November 9, 2023, John Edward Mark and his friend Freddie Douglas Jr. engaged in consensual sex in Marks' pool with Amanda Zawieruszynski, a nearby resident with whom Marks had an "intimate" relationship.
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Zawieruszynski later reported she was held against her will and sexually assaulted by both men over the span of several hours. The 'El Campo Leader-News' reported that all three had been drinking, and Zawieruszynski claimed she physically resisted 43-year-old Douglas.
Marks, 40, was arrested on December 7, 2023, and charged with aggravated sexual assault and aggravated kidnapping, offenses carrying severe prison sentences. Douglas was also arrested and dismissed from his job as an El Campo police detective. Both men were released on bond and maintained their innocence.
On March 23, a grand jury in Brazoria County reviewed the evidence and decided not to indict either man. Marks' lawsuit, filed on August 21, argues that the Manvel, Texas, police acted solely on Zawieruszynski's claims without proper investigation. He contends that surveillance footage from his home would have easily disproved the allegations.
The footage reportedly shows Zawieruszynski arriving with cupcakes, entering the home without distress, and willingly participating in sexual activity with Marks and Douglas. It also shows her moving freely around the house, with opportunities to leave if she felt threatened.
Marks claims Officer Taner Truitt and Police Chief Thomas Traylor ignored this evidence. The lawsuit also accuses the police of using excessive force and mistreating him during his detention, alleging systemic abuse by the Manvel Police Department.
Marks is seeking a jury trial and damages for lost wages, medical expenses, and damage to his reputation.
