Alleged sex assault victim files complaint

Font Size:
Default font size
Larger font size

WHEATLAND -- The victim of an alleged sexual assault has filed a formal complaint against Platte County Attorney Mary Eikenberry, saying the dismissal of charges against the alleged assailant ruined her life.

The complaint was filed before Eikenberry resigned Wednesday, citing the "political controversy" surrounding complaints about her performance in office.

The alleged sexual assault victim, Julie Henion of Wheatland, released her written complaint to the Casper Star-Tribune and said she went public with her story to help remove Eikenberry from office.

"Mary Eikenberry did to me what my rapist … was unable to do, and that is to completely ruin my life," Henion wrote.

Jimmy Lee Throne, 30, was charged Dec. 18 with two counts of first-degree sexual assault in connection with an incident on Dec. 11. The charges were filed by former County Attorney Eric Alden, whom Eikenberry defeated in the Republican primary election last August.

On March 19, Eikenberry dismissed the charges, and Throne was released from jail. She then refiled the charges against Throne on March 26, but he had left the area.

The wording in the charges was exactly as Alden had written them, except Eikenberry released the victim's name in the documents and attached an affidavit with details of the alleged crime.

Henion said the charges were dismissed and Throne was released without her knowledge.

"This came as a devastating blow," she wrote. "Not only did he not have to pay for the crimes he committed against me, but now he was a free man to go out and do this horridness against others."

After Throne's release, Henion said Project Safe contacted her at the grocery store where she worked and wanted her to get into a "safe house" while the organization filed for a protection order, as it believed she was in danger and that Throne knew where she worked.

She told her supervisor of the situation -- that she would need to leave immediately to go to a safe house -- but her supervisor denied her request, Henion said. So she had to make a choice whether to put herself and her family in danger, or to quit her job to protect herself and get into the safe house.

"The people at Project Safe have been wonderful, and so have the Wheatland Police Department," Henion said. "I have nothing but respect for these people in their attempt in trying to protect me and my granddaughter."

She said the release of the affidavit with details of the alleged incident was harmful to her.

"There is nothing that could have prepared me for that type of devastation," she wrote. "Not only is my rapist running around loose ... but the ugly disgusting details are open for anyone to read. What little bit of dignity and any chance of normalcy for me are gone."

Henion also said she spoke to the state attorney general's office about her name appearing in the affidavit, and the office told her it wasn't illegal for Eikenberry to do so.

"But they did say it just wasn't the right thing to do," Henion said. "I was told it's up to the district attorney, and the guy I talked to said he's never known anyone who put in the name of the victims in the 30 years he's been there."

Neither Eikenberry nor her attorney, Bruce Moats of Cheyenne, responded to requests for comment on the complaint filed by Henion.

Eikenberry dismissed the charge against Throne after the Wheatland police detective handling the case was unable to appear at a preliminary court hearing because she was on vacation.

Asked at the time why she didn't simply seek a continuance in the case, Eikenberry said she didn't want to answer the question because of the status of the case. She did say the reason for dismissing the case wasn't that the primary officer wasn't at the hearing.

"(The charge was dismissed) because of lack of probable cause," Eikenberry said. "You have to have probable cause to bind it over to District Court."

Detective Lisa Smith said there had been no new investigation in the Throne case, and nothing had changed regarding the investigation between the dismissal and the refiling of the charges.

Asked if she was concerned that Throne was no longer in police custody, Eikenberry said at the time, "It bothered me very much, and I'm very sorry that he's out there, and I'm worried that he's out there. That's why we filed the charges as quickly as we could."

Henion said this week she has also filed her complaint with the Wyoming Bar Association and was told the bar is investigating the situation.

"Nothing can be changed that has already happened, but I don't want other people to have to go through the injustice that I have been through with this fiasco," Henion said.

Smith said Wednesday that Throne remains at large and that a warrant has been issued for his arrest.

Henion said she is frightened for herself and her 1 1/2-year-old granddaughter, for whom she has custody.

"At times I'm afraid," she said. "I have trouble because I live in an apartment building, and as people come and go I hear noises and am pretty jumpy. I was stuck the other night along the interstate in the dark when my car broke down. I was terrified. I was about a basket case by the time I got home. But I have to go on and try to be strong as each day goes forward."

Print Email

/news/state-and-regional
 
Sponsored by:

Connect with Us

TribTown