Calhoun Times

Former Calhoun High student files civil lawsuit in post-prom rape incident

- By Brandi Owczarz

related to an alleged rape that happened at a post- prom party over the weekend of May 10, 2014 in a cabin in Gilmer County.

The lawsuit is related to the criminal case against Damon Avery Johnson, Fields Benjamin Chapman and Andrew Isaac Haynes, who face charges including aggravated battery and sexual bat- tery in connection with the post- prom party. Gilmer County authoritie­s charged the three several days after the party.

The woman is asking for punitive damages without limitation in the amount of at least $ 20 million against defendants Chapman, Haynes and Johnson in the alleged rape.

Also named in the lawsuit is Anthony Rhett Harper, who the woman accuses of aiding and abetting the rape.

Others named in the lawsuit include Samantha Rose Stewart; SMF, LLC; Joseph B. and Tammy M. Stewart, individual­ly and as officers and members of SMF, LLC; Kent L. and Julie L. Chapman; the Coosawatte­e River Resort Associatio­n, Inc. and John and Jane Doe, individual­ly and as agents and employees of Coosawatte­e River Resort Associatio­n.

The woman alleges in her lawsuit that Joe and Tammy Stewart own SMF and allowed their daughter, Samantha Stewart to host an

unsupervis­ed prom party at their home, owned through SMF at the Coosawatte­e River Resort Associatio­n. She alleges the Stewarts emailed and telephoned the CRRA security personnel in advance of May 10, 2014 that their daughter and her friends, at least eight girls, would be spending the night at their home following the prom, unsupervis­ed by the Stewarts or other adults and that the Stewarts provided CRRA a list of names for passage at the gate.

She also alleges that SMF and the Stewarts knew that the girls would be drinking and consuming alcohol following the Calhoun High School Prom on May 10, 2014 and that the Stewarts and SMF were negligent in supervisin­g their daughter and her friends at the home and negligent in entrusting a large lake/ river house to their daughter on a Saturday night following the prom when there would be unsupervis­ed drinking of alcohol and for not providing supervisio­n and adult chaperones for the party.

The woman alleges that Chapman’s parents, Kent and Julie Chapman, were negligent in supervisin­g him that evening when he did not return to their residence as required by a previous court ordered curfew of 12 a. m. as part of his probation due to a previ- ous underage drinking charge.

She alleges the CRRA security personnel were negligent in allowing close to 30 people into the CRRA property and gate; that they did not check the vehicles for large amounts of alcohol Stewart and other guests were bringing onto the property and that the CRRA security personnel were negligent in allowing close to 20 additional guests on the property, including males, who were not on the original guest list.

In her lawsuit, the woman is also demanding a trial jury.

Messages to her attorney, Terry D. Jackson, were not returned at press time.

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