WILLIAMSPORT - A 35-year-old Sunbury man accused of raping his
ex-girlfriend in November 2011 has filed a federal lawsuit against Point
Township, its police department and chief and a former officer who charged him,
claiming his civil rights were violated because he was falsely arrested and
incarcerated.
Benjamin Scott Scheller, of 129 Reagan St., is seeking more than
$500,000 plus punitive damages and attorney fees in his suit that lists Point
Township, Point Township Police Department, Chief of Police Joshua Van Kirk and
former officer Wade Lytle as defendants.
Scheller, who is represented by Attorney Michael Rudinski of
Williamsport, filed the suit Monday in the U.S. District Court for the Middle
District of Pennsylvania, Williamsport.
In addition to his civil rights being violated, Scheller has
accused the defendants of conspiracy, malicious abuse of the legal process and
intentional infliction of emotional distress.
In his complaint, Scheller claims Lytle did not officially
interview the alleged victim until nearly four months after the alleged
incident, which allegedly occurred on Nov. 27, 2011. Scheller claims Lytle
interviewed the victim on March 4, 2012, and arrested Scheller on March 13,
2012.
Prior to arresting Scheller, neither Van Kirk nor Lytle ever spoke
to the plaintiff about the sexual assault/rape allegations, according to the
suit.
The suit also states Scheller and the victim were involved in a
consensual sexual relationship that preceded Nov. 27, 2011, and continued until
February 2012.
Scheller also contends his incarceration allowed Lytle to continue
his personal relationship with the alleged rape victim.
In September 2012, the alleged victim gave birth to a child, whose
father is Scheller, according to the suit.
The plaintiff was not present for the birth of his child due his
alleged false incarceration. But the suit says Lytle was present for the birth
of the child.
Immediate parole
Scheller, who was released on $1 bail Dec. 17 after nine months in
jail, pleaded guilty to misdemeanors of terroristic threats, unlawful restraint
and simple assault in February and was sentenced by Northumberland County Judge
Charles H. Saylor to 9 to 23 months. Since Scheller had already served the
minimum, Saylor gave him credit for time served and granted immediate parole.
Saylor granted him nominal bail because prosecutors failed to
bring his case to trial within six months of his arrest. Pennsylvania Rule of
Criminal Procedure 600 requires defendants who are in prison to be tried within
180 days and ones who are free on bail to be tried within 365 days.
In a case that exposed several potential conflicts of interest and
led to the dismissal of Lytle, Scheller also was ordered to serve two years
consecutive probation on an additional count of simple assault and false
imprisonment and must pay fines, costs and fees.
Felonies of rape, sexual assault, aggravated indecent assault and
burglary, and a misdemeanor of indecent assault were not prosecuted under the
plea agreement.
Scheller was sentenced to 3 to 8 months each on the terroristic
threats and unlawful restraint charges, and received a sentence of 3 to 7
months on the simple assault offense.
Relationships
Scheller was charged with brandishing a semi-automatic handgun,
zip-tying the victim to a chair and sexually assaulting her Nov. 27, 2011, at
the victim's Point Township home.
The alleged rape victim was dating Lytle as of the fall of 2012.
Also, the victim is a cousin to Van Kirk.
Lytle, who had been a full-time officer with the department since
the end of 2009, was placed on administrative leave with pay by Point Township
supervisors Oct. 30 after informing Van Kirk on Oct. 18 that he had a romantic
relationship with the victim. He was terminated by supervisors Nov. 5.
Lytle formerly served as a Sunbury police officer and deputy
sheriff for Northumberland County.
President Judge Robert B. Sacavage and Judge William H. Wiest
recused themselves from hearing the case because a secretary in the judges'
office had been romantically involved with Lytle.
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