More than 70 such phone calls were reported in 30 U.S. states.[1] A 2004 incident in Mount Washington, Kentucky led to the arrest of David Richard Stewart, a resident of Florida. Stewart was acquitted of all charges in the Mount Washington case despite phone cards linked to some of the calls being found in his residence, and video of a man co-workers identified as Stewart purchasing the cards. He was suspected of, but never charged with, having made other, similar scam calls.[1][2] Police reported that the scam calls ended after Stewart's arrest.[3]
There were numerous prior incidents in many states which followed the pattern of the fraudulent call to a McDonald's restaurant in Mount Washington, Kentucky. The majority of the calls were made to fast-food chain restaurants, but some were made to grocery stores and video rental stores.
With every hoax, a male caller who identified himself as a police officer or other authority figure would contact a manager or supervisor and would solicit their help in detaining an employee or customer who was suspected of a crime, such as theft or drug possession. He would then provide a generic description of the suspect (typically a young female employee, but a few victims have been male or older) which the manager would recognize, and he would then ask the manager to search the suspected person. The tasks would initially start as strip searches before gradually becoming more invasive and sexual in nature as the "investigation" continued. Eventually, the caller would have groomed the manager to the point where they would do almost anything asked by the caller, such as spanking, kissing, inappropriate touching, oral sex, and even sexual assault and rape. Many of the incidents would last hours before either the participants of the strip search realized the call is a hoax or by the intervention of a bystander.
On April 9, 2004, a call was made to a McDonald's restaurant in Mount Washington, Kentucky. According to assistant manager Donna Summers, the caller identified himself as a policeman, "Officer Scott". The caller gave Summers a vague description of a slightly built young white woman with blonde hair, who was suspected of theft. Summers believed the description provided was that of Louise Ogborn, an eighteen-year-old who was currently on duty at the restaurant.[20]
Dockery left after an hour, and Summers told the caller that she needed to be working at the restaurant's counter. The caller then told Summers to bring in someone whom she trusted to assist with the investigation.[1] Summers first asked Jason Bradley, one of the restaurant's cooks, to watch Ogborn. When the caller told Bradley to remove Ogborn's apron and describe her, Bradley refused but took no further action, leaving the office. Summers then called her own fiancé, Walter Nix Jr. to help, who went to the restaurant and took over from Summers. After being told that a police officer was on the phone, Nix could be seen obeying the caller's instructions for the next two hours.[22]
Nix removed the apron that Ogborn was wearing and ordered her to dance and perform jumping jacks while she was naked. Nix then ordered her to insert her fingers into her vagina and expose it to him as part of the "search". He also ordered her to sit on his lap and kiss him, and when she refused to do so, he spanked her until she promised to do so. The caller also spoke to Ogborn and demanded that she do as she was told or face worse punishment. Recalling the incident later, Ogborn said: "I was scared for my life."[1]
After Ogborn had been in the office for two and a half hours, she was ordered to perform oral sex on Nix. Summers returned to the office periodically, and during these times, Ogborn was instructed by the caller to cover herself with the apron. The caller then permitted Nix to leave on condition that Summers would find someone to replace him. After Nix left, he called a friend and told him, "I have done something terribly bad."[1]
With Nix having left, and short on staff due to the dinnertime rush, Summers needed someone to take Nix's place in the office. She spotted Thomas Simms, the restaurant's maintenance man, who had stopped in at the restaurant for dessert. She told Simms to go into the office and watch Ogborn. Simms, however, refused to go along with any of the caller's demands. At this point, Summers became suspicious and decided to call a higher-level manager (whom the caller earlier had claimed to have been speaking to on another phone line).[3][23]
Speaking with her boss, Summers discovered that she had been sleeping and had not spoken to any police officer. She realized that the call had been fraudulent. The caller then abruptly ended the call. An employee dialed *69 before another call could ring in, thus obtaining the number of the caller's telephone. Summers was now hysterical and began apologizing. Ogborn (shivering and wrapped in a blanket) was released from the office after three and a half hours. The police were called to the restaurant; they arrested Nix on a charge of sexual assault and began an investigation to find the perpetrator of the scam call.[22]
Although their initial suspicion was that the call had originated from a pay phone near the McDonald's restaurant (from which the perpetrator could see both the police station and the restaurant), police later determined that the call had originated from a supermarket pay phone in Panama City, Florida. Having learned that the call was made with an AT&T phone card and that the largest retailer of such cards was Walmart, they contacted the police in Panama City.[3]
The Panama City police informed the Mount Washington police that Detective Flaherty in Massachusetts was already conducting an investigation. Several similar scam calls had been placed to Boston-area restaurants, and Flaherty had already pulled surveillance camera footage from a Walmart in Panama City. Following Flaherty's lead, the Mount Washington police used the serial number of the phone card to find out that it had been purchased from a different Walmart than the Walmart that sold the card used for calls to Massachusetts restaurants.[citation needed]
Stewart was extradited to Kentucky to be tried on charges of impersonating a police officer and solicitation of sodomy. If convicted, Stewart faced up to 15 years in prison.[24] On October 31, 2006, he was acquitted of all charges. Both the defense and the prosecution attorneys speculated that a lack of direct evidence, such as a recording of the caller's voice, might have led to the jury finding him not guilty.[26]
The jury decided that McDonald's and the unnamed caller were each 50% at fault for the abuse to which the victim was subjected.[30] McDonald's and their attorneys were sanctioned for withholding evidence pertinent to the outcome of the trial.[31] In November 2008, McDonald's also was ordered to pay $2.4 million in legal fees to plaintiffs' lawyers.[32]
On November 20, 2009, the Kentucky Court of Appeals upheld the jury's verdict but reduced the punitive damages award to Summers to $400,000.[33] McDonald's then appealed to the Kentucky Supreme Court. While its petition was pending in 2010, Ogborn settled with McDonald's for $1.1 million and abandoned her claim for punitive damages.[34] After the court decisions, McDonald's revised its manager-training program to emphasize awareness of scam phone calls and protection of employees' rights.[26]
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