Former police officer Michael Rusk, who shot sergeant, sues Virginia police

A former police officer who shot and killed his sergeant last year is suing his former police department in Virginia, claiming he shot in self-defense when his supervisor sexually assaulted him.

Former James City County police officer Michael Rusk accused the county and its police department of failing to stop years of alleged sexual harassment by Sergeant Christopher Gibson prior to the shooting.

The discrimination lawsuit, filed in U.S. District Court in June, reportedly comes after Rust shot and injured Gibson outside a local bar in January 2023. He faces intentional assault and weapons charges stemming from the incident.

Rusk, 26, insists in legal documents that he is the real victim and is seeking $5.5 million in damages, but Gibson’s lawyer argues in an email to The Washington Post that the allegations against his client are false.

Between December 2021 and January 2023, Gibson made unwanted sexual advances toward his subordinate Rusk on and off duty by holding his hand, touching him, slapping his butt, following him, and making sexual comments, the lawsuit says.

In September 2022, at Rusk’s suggestion, the two began using a tracking app as a security tool, but Gibson used it to locate and track Rusk, the lawsuit says.

When Rusk stopped using the app, Gibson was upset, even though the officer continued to use it on his work phone, according to the lawsuit.

“I am slightly offended,” Gibson wrote to him in a text message, according to court findings.

Gibson is also said to have tracked Rusk’s whereabouts using a mobile data computer.

Gibson initiated most of the text message exchanges between him and Rusk, but according to conversations Rusk submitted in his lawsuit and also reported by the Virginian Pilot, the police officer did not object to the messages.

“Just a reminder that you are really attractive,” Gibson wrote with a smiley face emoji in December 2022, according to the newspaper. Rusk responded with the “sweaty” emoji and a blue heart.

In another exchange, Gibson texted, “Is Mikey coming to see daddy?? Mikey not,” and Rusk responded by texting, “Awhhhhhh honey, you have a big sad face too.”

However, the lawsuit alleges that Rusk fell victim to Gibson’s manipulation and felt he had to appease his boss in the text messages.

“Mr. Rusk was subjected to illegal and intolerable conditions, including comments and other inappropriate and unwelcome conduct by (Gibson) that created an abusive and hostile work environment,” the complaint states.

“Such conduct and actions were ignored by the defendants because Mr. Rusk is a man.”

Gibson’s lawyer Nicholas Simopoulos called the accusation “false and malicious.”

“Such harassment simply did not occur. Instead, Mr. Gibson is the victim of a serious, unprovoked and unjustified attack by Mr. Rusk,” he said in an email.

“Mr. Gibson is confident that the justice system will take its necessary and important course, hold Mr. Rusk accountable for his actions and ultimately expose these latest allegations as a sad and unsuccessful attempt to distract from the spotlight.”

According to the Virginian Pilot, a police spokesman declined to comment on the complaint, but said: “We take the allegations very seriously. We are committed to providing a safe and welcoming workplace for all of our employees.”

The shooting occurred after Gibson “violently prevented” Rusk from escaping and began sexually assaulting him, the lawsuit says.

“Rusk had no choice but to adequately defend himself,” the lawsuit states.

After Rusk shot Gibson, he called 911 and claimed over the phone that it was self-defense.

“I told him ‘no’ and he just kept going. I told him to stop. He kept going. I thought he was going to rape me,” Rusk said, according to an audio recording obtained by WAVY.

Rusk was released earlier this year after initially being placed on administrative leave. His criminal trial is scheduled for later this year.

Gibson, 40, retired from the department in May and it was his decision, the Virginian Pilot reported.