Judge dismisses lawsuit claiming former Barton County Sheriff ignored rape of female prisoner

A federal judge today ordered the dismissal of a lawsuit that claimed former Barton County Sheriff Mitchell Shaw didn't bother to read complaints that a jailer raped a female inmate and gave her chlamydia.

Judge Brian C. Wimes dismissed the case without prejudice, meaning it can be refiled at a later date. Each side will pay its own costs.

Shaw, Barton County and the former jailer, Antonio Azua, Jr. were the defendants in the case, which was filed in July 2020.

A pre-trial conference for Azua, who is charged with felony rape is scheduled for September 16 in Barton County Circuit Court.

The lawsuit alleged deplorable conditions for female prisoners, lax oversight and poor training of jailers by Shaw and claimed the former sheriff refused to provide documents and records to her lawyer, Joplin attorney Bill Fleischaker, even though all of the documents are open records under the Missouri Sunshine Law.

The allegations were included in the petition, which is printed below:

Plaintiff was first incarcerated in the Barton County Jail on or about September 10, 2018 on a charge of Tampering with a Motor Vehicle. The conditions inside the Barton County Jail for female inmates were deplorable. It was September and the outside temperate ranged from the low 80’s to the low 90’s Fahrenheit.

Female inmates were kept locked in the basement of the Barton County Jail. The basement of the Barton County Jail has no fresh air circulation, no air conditioning and no active heat, or, if there was any air conditioning it was non-functioning. The female inmates all shared one box fan that worked sporadically.

There were not enough beds in the basement for all of the female detainees and routinely they slept on a mat on the concrete floor. Often Plaintiff slept on the floor after giving up her bed so that an older inmate could have it.

The area of the basement of the jail where the females were locked had no running water, no running toilet and no sink. The Plaintiff and the other female inmates were told that they could only have access to a restroom with running water for one hour a day.

Each day, Plaintiff and the other female inmates were given ice water and tea in pitchers to drink.

(She) inmates shared the pitchers for this purpose. Sometimes they were given plastic bags for this purpose. With no air circulation in the basement the smell became unbearable and unsanitary and dangerous to the Plaintiff’s physical and mental health. This was the only breathable air available to (Plaintiff) and the others.

The inmates were often forced to clean the pitchers. The next day they would be given the same pitchers filled with drinking water after being told by jail staff that the pitchers had been “bleached”.

(Plaintiff) and other female inmates had rare access to showers. Only female jailers were supposed to escort female inmates for showers and “Mona”, the only female jailer, claimed she was too busy with other duties. The Plaintiff was allowed one shower in eleven days.

Toward the end of (her) first stay in the jail she began to learn from other inmate(s) that a specific male jailer, Defendant Azua, had created a bartering system with female inmates whereby Defendant Azua would offer things such as snacks, showers and other ways to escape the deplorable conditions in the basement in exchange for female inmates exposing their private body parts to him and/or doing other sexual favors.

On one occasion (Plaintiff) asked Defendant Azua for a pop tart. Defendant Azua instructed (her) female inmate “how I work.” (Plaintiff) was then told by the inmate that if she did sexual favors for Mr. Azua such as exposing herself to Mr. Azua she would get better privileges and the more she exposed the better the privileges would be.

On September 21, 2018 (Plaintiff) posted bond and was released from the Barton County Jail pending her return to court.

On October 30, 2018,(she) traveled to Barton County for her court appearance with her two young children. She was late for court and when she arrived she was advised that a warrant would be issued for her arrest. Although she was outside the courthouse for her appearance she did not want to be arrested with her children. (She) returned to Oklahoma.

On December 8, 2018 (She) was again incarcerated in the Barton County Jail after being arrested on the failure to appear warrant. She was incarcerated there until December 18, 2018. The conditions inside the jail were much the same as they had been in September 2018. However, the weather outside was now much colder with temperatures regularly under twenty degrees Fahrenheit.

Once again (Plaintiff) was placed in the basement with no heat other than a single space heater. The inmates were given one blanket which was insufficient for the cold temperature of the basement. There were often not enough beds to accommodate the inmates. There was no running water and no restroom
facilities available to them most of the time. She and other female inmates were forced to defecate and urinate in their drinking pitchers throughout her stay there. Mr. Azua continued to be employed as well.

During her December 2018 stay in the Barton County Jail Defendant Azua began offering to let (Plaintiff) and another female inmate take showers more regularly. The area where the single shower was located was near the laundry room. Defendant Azua would lead (her)and the other inmate to the shower stall.

The shower had only a small curtain that did not extend over the entire shower area. While (she) was showering the Defendant Azua would watch her. (She) was forced to choose between taking a shower this way or not bathing.

In September 2018 (she) was allowed to shower once in eleven days. Because of the unsanitary conditions of the basement described above it was important to (her) to be able to clean herself. In December her shower usage increased under Mr. Azua’s supervision to approximately every other day but only as long as Defendant Azua could watch her.

On December 18, 2018 (Plaintiff) pled guilty to the charges and was placed on probation. She was released from the Barton County Jail the same day.

(She) was instructed that even though she was an Oklahoma resident and had no connections to Missouri and no family there, she was not allowed to leave the State of Missouri until cleared to do so by her probation officer. (She) has young children. She had nowhere to stay in Missouri and could not afford to sleep in motels. She tried to find living space in shelters but had no identification and was ultimately unable to remain in Missouri without housing and she returned to Oklahoma.

On January 26, 2019 (Plaintiff) was again incarcerated in the Barton County Jail for an alleged probation violation, in part for leaving the State of Missouri. Defendant Azua was still employed as a jailer. (She) was confined there until March 28, 2019.

The conditions of the jail for female inmates such as (Plaintiff) remained deplorable and unconscionable and lacked effective heat sources. Low temperatures at night routinely were less than freezing, sometimes less than ten degrees Fahrenheit.

Defendant Azua became much more aggressive in bargaining with (her) for “favors” of a sexual nature in exchange for improved conditions in the jail. Defendant Azua began requiring (her) and at least one other female inmate to expose their breasts in exchange for things like snacks and cigarettes.

Defendant Azua would regularly take (Plaintiff) to get a shower although only female jailers were allowed to escort females to the shower. Routinely (she) was required to shower with Defendant Azua watching her. After the shower she would be required to get dressed in front of him.

On one occasion while she was showering Defendant Azua reached into the shower and began rubbing (her) back with a rag. (She) told him to stop but instead of stopping he pushed her against the shower wall and continued rubbing down her back to her buttocks area. (She) pushed his hand away.

Defendant Azua responded, “I’m the guard, you’re the inmate. I don’t know why you won’t just
bend over.”

On several occasions Defendant Azua would converse with (Plaintiff) about his sex life with his wife. He insisted that they had an open marriage and that his wife had given him chlamydia, a sexually transmitted disease.

Defendant Azua told (Plaintiff) that he discussed her with his wife. He stated that when (she) got out of jail she would not be able to return to Oklahoma for a while. He stated that she should come live with him and his wife and the only requirement was that they would have group sex.

(Plaintiff) played along with Defendant Azua’s statements out of fear of what would happen if he suspected that she told anyone about his actions. She felt that she had to convince him that she was open to his advances to protect herself. She believed that eventually he would try to rape her.

On another occasion Defendant Azua took (Plaintiff) and two other female inmates to the shower area. While one inmate showered Defendant Azua took (her) to another area away from the two inmates. He began trying to kiss (her). (She) was afraid to totally refuse him but was able to convince him that it was too risky with the other inmates so close.

Defendant Azua instructed the inmate taking a shower to show her genitals to the other female inmate and the inmate complied. He then instructed her to insert a finger in her vagina in front of the other inmate and she complied.

On another occasion Defendant Azua took (Plaintiff) and another female inmate to the shower area. While the other inmate was showering, Azua took (her) to an area out of view of the shower. He turned her around and began rubbing against her and kissing the back of her neck. When she did not respond to his actions he pushed her until her face was up against the wall. He continued rubbing and put his hands down the back of her jail uniform. (She) turned around to stop him.

Defendant Azua started kissing her and put his hand down the front of her jail uniform. He inserted his finger into her vagina. (Plaintiff), in order to safely get him to stop, pulled his hand away and told him it was too risky with the other inmates around.

Mr. Azua then stated, “You’re right. We’ll do it later. You know you like it.”

(Plaintiff) saw female inmates using a cell phone in the basement. She was told that someone slid it under the door to them. (Plaintiff) and other inmates suspected Defendant Azua was responsible for the phone. The battery eventually died on the phone.

(Plaintiff) had two young children in Oklahoma and had been unable to communicate with them while in jail. One of (her) children’s birthday had recently occurred. (She) was upset that she had not been able to be with her daughter.

Azua knew (Plaintiff) was emotional about missing her daughter’s birthday. Defendant Azua told (her) that he had a charger for the phone and she could have it if Azua could molest her breasts and other parts of her body on the outside of her clothing. Reluctantly, (she) agreed so that she could talk to her daughter.

Later Azua demanded that (she) use the phone to record herself dancing nude and send it to him.

Defendant Azua had become more aggressive in his demands for sexual favors.

On a morning in mid-February 2019, Defendant Azua took (Plaintiff) from the basement under the guise of her helping prepare breakfast. He shackled her at her feet and hands with her hands connected to a belly chain around her waist.

Azua took (her) to a dark room in another part of the basement that she was unfamiliar with. As soon as they entered the room Azua was on her and began pulling at her clothing.

Azua repeated “You want this.” Azua unzipped his pants and forced (her) pants down while she was saying “No, please stop” repeatedly.

Azua did not stop despite repeated pleas from (her). Azua vaginally raped (her) in the dark basement room while she was shackled.

Approximately one day later other jail staff discovered the phone in the basement and an investigation began.

(Plaintiff) disclosed to Sheriff Shaw that she had been raped by Azua. She requested that she be taken to a doctor to have a rape exam and to be tested for sexually transmitted diseases. The Sheriff replied that a rape exam would not be useful.

Days later (Plaintiff) began experiencing symptoms consistent with a sexually transmitted disease. After repeated requests to jail staff, including the Sheriff, to get a rape test and a physical examination (she) was finally taken to a local hospital where she tested positive for chlamydia.

At all times a female jailer named Raymona Wright, known as “Mona” was employed in the jail. On several occasions (Plaintiff) and other female inmates told “Mona” and another jailer named “Travis” that Defendant Azua was taking them to shower.

In response to these complaints “Mona” replied that she wasn’t surprised, that she knew Azua was wrongfully taking certain female inmates for showers. “Mona” knew Azua should not be doing that.

Nothing changed and Defendant Azua continued to take (Plaintiff) and other female inmates for showers.

(Plaintiff) made written various complaints about the conditions in the jail in December 2018. She also made complaints about Azua taking female inmates to showers. No jail staff ever came to (her) to discuss the complaints and no changes in the conditions occurred.

(Plaintiff) also made written complaints to jail staff in January or February 2019 regarding the conditions in the jail. In some of the complaints she asked to speak to the Sheriff or a supervisor for Azua.

(She) eventually was told that Azua reads all the complaints and determines what to do about them and it was futile to make a written complaint.

(Plaintiff) later learned from the Sheriff that he had received the complaints but never read them. No changes in any of the conditions or circumstances described herein ever occurred as a result of the Plaintiff’s written complaints.

After (she) disclosed that she had been raped by Azua she was put in an isolation cell for approximately one week with little to no contact with other inmates or jail personnel.

Upon her release from Barton County Jail on March 28, 2019 (Plaintiff) was assessed a fee in the amount of $1,851.56 for the “cost of incarceration” by Barton County.

On February 18, 2019 Defendant Azua was charged in the 28th Judicial Circuit sitting in Barton County in case number 19B4-CR00026 with one count of Sexual Contact with a Prisoner/Offender, a Class E Felony, in violation of 566.145 RSMo against the victim, for some of the conduct described herein.

On October 31, 2019 the charge against Defendant Azua was amended to Rape in the First Degree in violation of 566.030 RSMo alleging that he had sexual intercourse with (the plaintiff) “by the use of forcible compulsion.”

On December 17, 2019 a preliminary hearing was held in the case against Defendant Azua wherein (Plaintiff) gave sworn testimony.

The Honorable Judge James Nichols found “probable cause to believe that the Defendant committed the felony charged” and Azua was bound over for trial. A trial date has not yet been set.

On or about April 7, 2020 the Plaintiff, through counsel, made various written requests for public records relevant to these matters to Defendant Sheriff Shaw pursuant to the terms and procedures as found in the “Missouri Sunshine Law” 221.300 et. seq. RSMo.

Defendant Shaw has unreasonably and wrongfully refused to produce any of the requested materials in an effort to prohibit Plaintiff from obtaining materials that would support her claims.