Employee accused of raping job applicant in bathroom keeps job, Texas lawsuit says

A gas station worker accused of raping a job applicant inside a store bathroom is still employed by the company despite being an “imminent danger to the public,” according to a lawsuit filed in Texas.

The male employee was working at a Stripes gas station in McAllen on Nov. 23, when officials said he followed the woman into the bathroom and attacked her, the lawsuit filed Jan. 4 in Hidalgo County said.

She was a frequent customer at the gas station, located on the city’s north side, and also applied to work there after noticing a sign stating the store was hiring, the lawsuit said.

The employee told her to provide her phone number so he could contact her later with more details about applying, but text messages quickly turned from professional to sexual, including unwanted photos of the man’s genitals, court documents read.

“Not knowing what to do, (she) ignored the sexual messages,” the lawsuit said.

She returned to the store two days later to buy a few gallons of water, according to the suit, but before she left, she decided to use the restroom. The lawsuit said the man came in after her, locked the door and took off his clothes. She tried to call 911 but dropped her phone as he wrestled her to the ground, tore away her clothing and raped her, the lawsuit said.

A 911 dispatcher was still on the other line, “but she told (the man) that it was her son because she was afraid he would hurt her,” according to a police report.

When the employee finished, he got dressed and exited the bathroom, the lawsuit said. Police arrived a short time later.

A responding officer found the woman “sobbing” inside the restroom, according to police. She immediately identified the clerk as her attacker, and surveillance video showed the man locking the front door of the store and entering the women’s restroom at the time of the assault, police said.

When speaking with officers, he first said he heard the woman crying in the restroom and went in to make sure she was OK, according to police. He later changed his story, police said, saying he had consensual sex with the woman and “she was the one who seduced him.”

“The police quickly investigated and found all the evidence needed to place (him) under arrest,” it read.

Within days, he posted bail and was released, according to the documents. He’s still working for Stripes, according to the lawsuit, though he was moved to another location about four miles away.

“Upon learning of this incident and after reviewing the security camera footage to confirm it happened, Stripes refused to fire (the employee) and take any corrective action,” the lawsuit said. “He is currently still employed by Stripes and presenting an imminent danger to the public.”

No attorney was listed for the defendants.

McClatchy News reached out to 7-Eleven, which owns many Stripes gas stations across the country, but the company did not immediately respond to a request for comment.

Even before the attack, there were signs the man was dangerous, the lawsuit said. In 2022, he cornered a female co-worker and demanded she have sex with him, according to the lawsuit. She got away and told a manager what happened, and suggested they call the police. But after reviewing security camera footage, the manager “found no wrongdoing,” according to the lawsuit, then publicly chastised the female employee before putting her on probation.

“(She) continued by telling all … co-workers that (the female employee) was a liar and was not to be trusted,” the lawsuit said. This left her “too intimidated” to go to the police.

The lawsuit names the male employee, Stripes and 7-Eleven, Inc. as defendants, and seeks $1 million in damages.

The defendants “acted with malice and gross negligence,” the suit said, adding that damages are being sought in this case “so that the community may be protected from such further malice.”

If you have experienced sexual assault and need someone to talk to, call the National Sexual Assault Hotline for support at 1-800-656-4673 or visit the hotline's online chatroom.

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