One of the women claiming sexual harassment by a manager at Attorney General Marc Dann's office filed a criminal complaint in the case Friday.
Cindy Stankoski, 26, said that after a night of drinking with Anthony Gutierrez, the office's general services supervisor, she passed out in the bedroom of his Dublin condominium and awakened next to him with her pants unbuttoned.
"(Gutierrez) has told (Stankoski) he has done this because of his original desire to have sexual relations with her but then changed his mind and then thought it was best that he not do that," said Rex Elliott, an attorney representing Stankoski.
WEB EXTRA: Inside Sexual Harassment Investigation
Columbus police said they would meet with the Special Victims Bureau to determine if a crime was committed and if it can be proven, 10TV News reported.
Gutierrez, who has been suspended in connection to the complaint, did not return 10TV News' calls for a comment.
On the same day the complaint was filed, 10 Investigates learned that Gutierrez has a record of problems behind the wheel that are connected to Dann.
Gutierrez was arrested for drunken driving just weeks before he was hired by Dann, 10 Investigates' Paul Aker reported.
Records show Gutierrez' blood-alcohol level hit .149, nearly twice the legal limit. The Ohio State Highway Patrol confirmed that Dann picked up Gutierrez after the incident.
"I can only tell you that Mr. Dann knew that Mr. Gutierrez (had) a DUI," said Ted Hart, a Dann spokesman.
A timeline of events showed that Gutierrez was arrested on Sept. 26, 2006. Gutierrez turned in his application to Dann in December that year. On Jan. 9, 2007, Gutierrez pleaded no contest to a reduced charge of reckless operation. Dann hired Gutierrez less than a month later, Aker reported.
10 Investigates found that Gutierrez never listed the incident on his official application. Hart said that Dann would not have hired Gutierrez with a DUI.
10 Investigates also learned of other problems Gutierrez had that took place in state-owned vehicles. Before an SUV named the Sunshine Express had flames on it, it suffered body damage. Records obtained by 10 Investigates showed Gutierrez apparently crashed it but skipped AG policy by failing to report the damage.
"The policy clearly states if that the vehicle is damaged that reports have to be filled out and at this point there is nothing to point," Hart said.
"What exactly Dann knew about the incident is hard to say, but one of the women who claim Gutierrez sexually harassed her, said she met Gutierrez at Dann's condominium.
Elliott told 10 Investigates she went there to confront Gutierrez for bumping into a family car and then leaving the scene.
Stay with 10TV News and 10TV.com for continuing coverage.
April 17, 2008:
Glitches Arise In Sexual Harassment Case
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April 14, 2008: Attorney General Puts Director On Leave
April 9, 2008: Attorney General Addresses Claims Against Services Director
April 8, 2008: Attorney General Staffers File Federal Complaint
April 7, 2008: Attorney General Suspends Director Amid Sexual Harassment Claims