A Texas police officer was arrested and fired on suspicion of sexual assault, but authorities knew of video footage proving the incident was a consensual threesome, according to a new lawsuit.
Freddie Douglas, 43, a father of two and former El Campo Police Department “Officer of the Year,” said in court documents that his life was torn apart last December when Amanda Zawiercinski, 40, accused him and his longtime friend, John Marks, 41, of rape.
According to the lawsuit, Xavier Szynski, who lived across the street from Marks and was in a relationship with him, claims that she was visiting Marks’ home in the Houston suburb of Manvel for a late-night swim on November 8 when the men forced themselves on her. The accuser is white and the men are black.
“She claims she tried to fight off Marks, then allegedly pushed her towards Douglas, and while she was trying to fight him off, Douglas had sexual intercourse with her,” Douglas’ lawsuit states. Get it from the Daily Mail.
But the lawsuit tells a story that differs dramatically from the alleged victims’ testimony, and the scenario is backed up by extensive footage captured by Marks’ home security system and later reviewed by prosecutors.
“Douglas met AZ [Zawieruszynski] “Zavierczynski first met John Marks at his home … It was the day before Freddie Douglas’ birthday. He and John Marks were planning to go to a Rockets game that night,” the lawsuit states, explaining that Zavierczynski had texted Marks multiple times, making plans to stop by and swim when he returned.
When Douglas and Marks got home, Xavier Szynski arrived and the two had several drinks and got wet, according to the lawsuit.
“No one was intoxicated. At some point, John Marks and AZ began engaging in consensual sexual activity at the pool. AZ then desired to engage in sexual activity with Freddie Douglas, and did so. This sexual activity was conducted with the full consent of all parties involved,” the lawsuit states.
But about a month later, Xavier Szynski changed her tune and told officers that Douglas and Marks had forced themselves on her and that they needed to be taken into custody immediately, the newspaper reported.
According to documents, on Dec. 7, while Douglas was at work, the El Campo Police Chief approached him and told him he was being arrested by the Manvel Police Department on a complaint filed by Xavier Sinski.
Douglas’ lawsuit says that was the first time he or Marks heard anything untoward about the night at the pool, and that Manvel police never interviewed him or included him in their investigations prior to his arrest.
According to the lawsuit, Douglas quickly told Manvel police he had video evidence proving his innocence, but was ignored and instead taken to jail, where he spent the night in a freezing cell without a blanket.
Meanwhile, according to the lawsuit, officers who searched Marks’ home heard him discuss the footage on a home security system but did not investigate it and instead charged the two men.
“Within minutes of Freddie Douglas’ arrest, the Manvel Police Department became aware of objective evidence that would determine whether the State of Arizona or Douglas and Marks were telling the truth,” the lawsuit states, adding that no one examined the footage.
According to the lawsuit, Douglas enlisted the help of his mother to post $100,000 bail (which included a $10,000 non-refundable fee) and then sold his home and possessions at a “fire sale” to cover legal fees.
But his reputation was already damaged, the documents say.
According to court documents, Douglas, who had been with the El Campo Police Department since 2011, found his name in the headlines of newspapers in his small town.
“As Freddie Douglas walked through the small town of El Campo, stares and whispers followed him everywhere he went – at the grocery store, Walmart, gas stations and at traffic lights. In a town like El Campo, when a police officer is arrested and summarily fired by the police department, everyone assumes the defendant is guilty,” the lawsuit states.
“The only people supporting Freddie Douglas during this time were his closest friends and family. As a result his spirit was almost shattered and his future looked very bleak,” it added.
Douglas was finally saved when he went to the Brazoria County District Attorney, who claims that Manvel police never asked his department to recommend charges and, if they had been consulted, would have recommended that no charges be filed based on the video evidence.
But that didn’t stop police from backing down, and the charges were finally dismissed after the district attorney took the case to a Brazoria County jury, the newspaper reported.
Zavierczynski was never charged with filing a false report, according to the complaint.
Douglas is currently suing the Manvel Police Department, several of its officers, and Xavier Szynski, seeking damages for defamation, violation of civil rights and malicious prosecution.
The Manvel Police Department did not respond to The Post’s request for comment.
