ANGELINA COUNTY, TX (KTRE) - Deputies with the Angelina County Sheriff's Office arrested a 40-year-old employee of the Lufkin State-Supported Living Center on Sept. 8 in connection to allegations that he facilitated a sexual encounter between two residents of the facility and then took part himself, sexually assaulting the disabled woman.
Harvey Stewart Martin Jr., 40, of Crockett, is still being held in the Angelina County Jail on a first-degree felony aggravated sexual assault of a disabled person charge. His bail amount has been set at $50,000.
According to the arrest affidavit East Texas News obtained Tuesday, the Angelina County Sheriff's Office got a report of a sexual assault at the Lufkin State-Supported Living Center from Sgt. Larry Reeves with the Office of the Inspector General on Dec. 29, 2016. Reeves told the sheriff's office that a sexual incident had occurred between two residents and an employee of the facility.
A former ACSO deputy and a crime scene technician went to the state school and talked to Reeves. They, in turn, passed their findings on to the ACSO detective who took over the case.
The victim, a 35-year-old female resident of the facility, told the OIG sergeant that she was upset with her boyfriend, a 20-year-old male resident of the facility, the affidavit stated. They had been known to be in a "dating" relationship for some time.
"Both residents lived in their own apartments in separate buildings on the campus, but did see each other during the day," the affidavit stated.
According to the affidavit, the victim got upset with her boyfriend because he said he was going to buy another woman something to eat. The victim also allegedly told a staff member at the facility that she was upset with her boyfriend because they had had sex recently, and he was saying inappropriate things in front of her about other women.
When the staff member heard the victim say she and her boyfriend had sex, she asked her what had happened. At that point, the resident told the staff member that she and her boyfriend had sex in a "hole" on campus and that "Uncle Harvey" was with them and even participated in the sexual encounter, the affidavit stated.
The staff member made a report to the facility abuse telephone hotline, and the Office of the Inspector General was notified immediately. Reeves came to the facility to interview the victim and her boyfriend on Dec. 29, 2016. He was told that the two residents had not had any unsupervised contact with each other and that they had not spoken to each other since the staff member made the report.
The victim told the OIG sergeant that she and her boyfriend walked to a "cubbie hole" on the campus where there wasn't a lot of people, and they would not get caught. They were accompanied by Stewart, the male resident's supervising staff member, the affidavit stated.
According to the affidavit, the victim said that Stewart told them he would allow them to have sex together as a Christmas present. The victim said she and her boyfriend had sex together on the morning of Christmas Day, the affidavit stated. During the sexual encounter, Harvey allegedly sexually assaulted the victim and had her perform a sex act on him.
At that point, the victim took Reeves to the "cubbie hole," an enclosed area leading to one of the buildings behind the gymnasium. The ACSO crime scene technician was able to lift possible physical evidence from a rug.
When the OIG sergeant spoke to the victim's boyfriend, he gave a similar account of what happened. He said that Harvey took part in the sexual encounter, the affidavit stated.
Later, the two residents of the Lufkin State-Supported Living Center were taken to Harold's House in Lufkin for forensic interviews. They both repeated the same accounts that they told Reeves, the affidavit stated.
On Jan. 3, Reeves and the former ACSO detective interviewed Stewart at the Lufkin State-Supported Living Center. During the interview, Stewart denied having sexual intercourse with any residents and also denied taking the victim and her boyfriend to have sex anywhere on the campus, the affidavit stated. He did give consent for a DNA sample to be taken.
Stewart called the ACSO detective that had been assigned to the case on March 23 and asked about the evidence that was sent to the laboratory for comparison. He also allegedly said he wanted to "put this behind him."
The ACSO detective interviewed Stewart at the Lufkin State-Supported Living Center on Aug. 24. Stewart told the detective that he had been working at the facility during the week of the Christmas holiday in 2016 and that he had been assigned as a supervisor for the victim's boyfriend on those dates, the affidavit stated.
According to the affidavit, there were inconsistencies in Stewart's story in comparison to a previous statement. Even though Stewart allegedly told the former ACSO detective that he didn't know the victim and that he had only met her once, he told the ACSO detective who took over the case that he had seen the victim numerous times and that she knew his name.
Stewart told the ACSO detective that on Dec. 26, 2016, he and the victim's boyfriend walked around the campus because the resident was upset about something, the affidavit stated. He claimed that the resident went straight to his room and "must have fallen asleep."
"[Stewart] denied numerous times ever going into [the resident's] room and was adamant that he had no reason to be in there," the affidavit stated.
Surveillance footage from the facility showed Stewart and the resident walking into the man's room together, the affidavit stated. They were allegedly in the room together for 40 minutes before Stewart walked out. Another investigator told the ACSO detective that at that time, the resident didn't have a TV, games, or any other entertainment in his room.
Later, the ACSO detective set up new forensic interviews for the two residents at Harold's House. They both gave the same accounts of what happened as they had in December of 2016, the affidavit stated.