Lawsuit: Ashley Police Officer Recorded Assaults
WILKES-BARRE — Two women who allege they were coerced into sex by an Ashley police officer on Thursday filed a federal civil rights lawsuit against the officer alleging he violated their constitutional rights.
Mark Icker, 29, of Dickson City, is facing sexual assault, official oppression and related charges alleging he pressured the two women into performing oral sex on him to avoid arrest in December.
He is also charged with indecent assault for allegedly pulling down a third woman’s shirt and groping her after stopping her for driving under the influence last June.
In a lawsuit brought Thursday by the two women who say they were pressured into sex, attorneys Barry H. Dyller and Theron J. Solomon allege Icker — who is now suspended from departments in Ashley, Sugar Notch and Jessup — recorded two illicit sex acts with a body camera he personally bought.
“Icker’s purpose in recording the forced sexual encounters with (the women) was to have trophies memorializing his forced sexual encounters with (the women), and so he could repeatedly watch those forced sexual encounters,” the attorneys wrote.
The complaint, which names Icker as a defendant, details two traffic stops that were previously documented in the criminal cases against him.
The attorneys say they are still working with additional victims of Icker and Wilkes-Barre police officer Robert Collins — who is suspended after being charged with demanding sex from four
women in exchange for avoiding arrest — and additional lawsuits are pending.
“This behavior is unacceptable,” Solomon said Thursday. “We will pursue each and every valid case against Icker and Collins, and any other officer.”
The first encounter detailed in the complaint took place Dec. 2, when Icker pulled over the woman despite having no probable cause to do so, the lawsuit alleges.
Icker handcuffed the woman’s hands behind her back and put her in his car while he searched her vehicle, finding a partially smoked marijuana cigarette, according to the suit.
Icker told the woman she was facing felony charges, despite knowing the most she could be charged with was a misdemeanor count of possessing marijuana, the attorneys wrote.
“Icker told (the woman) she would be charged with felonies and go to jail in order to scare her and to make her more vulnerable to whatever he wanted to do to her,” they wrote.
He then asked her, “What can you do to help me help you?” several times, until the woman began to understand he was seeking sex, the complaint says.
At one point a friend the woman called showed up on scene, but Icker told her to leave.
“This affirmative act of a police officer making the only possible witness and only person who could save (the woman) to leave made (the woman) even more vulnerable to harm,” the attorneys wrote.
Icker then brought the woman to the police station and coerced her to perform oral sex on him in a bathroom, the complaint alleges. Afterward, Icker kept the woman’s driver’s license and sent her a friend request on social media, the complaint says.
The next case took place following a traffic stop the night of Dec. 9. The complaint says that woman had not violated any traffic laws, yet Icker pulled her over, purportedly on suspicion of driving under the influence.
Again, Icker handcuffed the woman and put her in his patrol car, then searched her car and found prescription medication, the complaint says. Icker threatened to jail her for driving under the influence and asked, “How can you help me help you?” according to the complaint.
Icker then brought the woman to a park and directed her to perform oral sex on him, the lawsuit says.
The lawsuit alleges Icker conducted illegal searches and seizures on the women and otherwise violated their constitutional rights. It seeks unspecified damages to be determined at trial.
Dyller said Thursday his law firm is continuing to seek additional victims of Icker and Collins. He noted that there have recently also been similar cases elsewhere in Pennsylvania, and he encouraged other victims to call 570-829-4860.
“It seems like an epidemic,” Dyller said. “These guys give all the good officers a bad name. We wan to send a message out to the police officers that this is not about police. This is about bad apples.”
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