OPEN LETTER RE: SENTENCING OF DAVID SCOTT SCHARLAT

Update as of July 1, 2020:

I stand by my assertions in the below letter. Sentencing occurred Friday, June 26. The case did -- and still does -- need EYES ON IT. But my eyes will not be among them. I've done my duty.

My perspective -- which counts -- can be read here: Reflections On My Case Against a "Cop."

Good luck to anyone who tries to gain prosecution against a law enforcement officer. Stand strong. Ignore others' negativity and claims against you. See it through. Then go live the life you fought for.

~C.Kimberly Toms

-------------------------The Open Letter Starts Below-------------------------

As of September 1, 2020, it has been seven years that I have been pursuing justice after my brutal rape by a law enforcement officer, former Supervisory Special Agent David Scott Scharlat in Oconomowoc, WI.

Finally, after gaining my offender’s conviction through a jury trial on February 14, 2020, sentencing was scheduled to occur on May 21, 2020. That sentencing was rescheduled for June 8 at 2pm CST. The sentencing is again rescheduled to June 26, 2020 due to the defense’s antics and insistence.

I no longer trust the State of Wisconsin, the judge in this case, nor the justice system as a whole to appropriately sentence my offender. I honestly believe that – despite federal agency and Joint Task Force revelation of his “double digits of victims” – he will be released onto the streets of Wisconsin without appropriate penalty. I already have seen a disproportionately low bail for this offender -- at $10,000 for five counts. He has also been permitted to "roam freely" during pre-trial, trial and after conviction. He has never even seen the inside of a holding cell or felt the click of handcuffs as the acknowledged rapist he is.

This entire process has been a FARCE, from start to finish. I have lived in terror after he raped me twice, consistently threatened to kill me, set me up in April 2014 to murder me, threatened all aspects of my life and well-being and even threatened my adult child. The offender has been permitted by the federal and state agencies investigating him the time, space and levity to hunt me and continue causing damage in my life. I have sacrificed EVERYTHING to pursue appropriate justice and maintain faith in the justice system.

This journey has involved far too many obstacles and wrenches along the way. These activities have included:

  • Nine local-level police officer/precinct rejections for reporting crimes in five states; I was turned away by the Brotherhood in WI, IA, NE, SD and VA
  • My travel to Washington DC to bring the offender’s agency – the US Department of State – awareness of his SERIAL rapes, attempted murder, stalking and terroristic activities
  • First attempted involvement of the State of Wisconsin – specifically Waukesha County DA’s Office – in 2015 for my rape charge and a charge for one other alleged victim’s two rapes
  • Inadequate police involvement, lack of personal protection and a void of investigator engagement for the 2015 Waukesha County case, in which the “detective” in the Town of Oconomowoc “fell out of touch” due to personal vacation and family activities. These public activities included:
      • 20 Twitter “tweets” in one Tuesday made by the detective in a plea for free baseball tickets from the Milwaukee Brewers
      • Repeated detective tweeting about “leaving work early” to “take my kids to the baseball game” and other misdirected use of police time / case attention through public social media
      • Shirking of the responsibility to conduct a “thorough victim interview” by a specific date for reporting back to the ADA
      • Missed ADA deadline for filing of appropriate investigation findings and criminal complaint
      • Continued public social media activity, including erection of a Carrie Underwood “fan web page” on a Tuesday during this investigation period, yet lack of acknowledgement of the victim or answering of victim questions about personal safety and the case in general
  • My eventual “refusal” to participate in the 2015 case, as I would be DEAD NOW IF I HAD PARTICIPATED, due to the farce of “police involvement”
  • A resulting FOUR YEAR “investigation” at the federal level, with final acknowledged removal of his gun and badge in December 2018 only AFTER the offender was alleged to have raped twice more and terrorized at least two more victims
  • Continued in-person victim stalking of me, performed by the offender David Scharlat in North Carolina and Virginia throughout both federal and state investigations and on multiple occasions, including involvement of multiple third parties in this stalking
  • Lack of engagement by the FBI despite my repeated attempts to gain their help – my offender’s brother being a supervisory agent in the FBI in my state
  • State Department acknowledgement that despite the offender’s rapes and attempted murder, “We will see him coming to you, but we cannot stop him. We will not intervene. We do not help individual citizens, not even our own agents.”
  • Development of the 2018 rape case with three victims and five charges
  • Delay of trial from May 2019 to August 2019 to January/February 2020
  • Conviction of the criminal offender on my charges on February 14, 2020
  • Sentencing TWICE DELAYED due to offender “complaints” and insecurity over the following issues:
      • Covid-19 (he has psychiatric “germophobic” issues mentioned through all stages of the case)
      • Being a cop going to prison during the BLM movement
      • Claims of trial mishandling
      • Assertions of “consensual sex” not rape, despite jury conviction
      • Corrections Department pre-sentencing interview complaints
      • Press awareness/attendance

I have personally lost OVER $350,000 at this point in time, after SEVEN YEARS of trying to get to sentencing. I have repeatedly withstood the “second rape” and every subsequent rape performed by the offender, in the investigations, in trial, by his defense attorney and toward sentencing.

His sentencing interview was a FARCE of lies and machinations. It was a FARCE. His complaints now are a FARCE. The entire process is a FARCE.

The system is enabling him to repeatedly figuratively rape me again by leaving him on the streets, despite being a CONVICTED RAPIST, MY ATTEMPTED MURDERER AND STALKER.

THIS WAS RAPE. The State of Wisconsin is dragging its feet, enabling continued destruction of my life and FAILING THE PROCESS. I FIRMLY BELIEVE the District Attorney’s office has repeatedly “dropped the ball” on fully investigating and presenting facts, as even the defense claimed in trial.

I have tried to quietly maintain my dignity and persevere through this circus for the sake of “American justice.” But you – State of Wisconsin and US Department of State – have put me in a position of having to outlive, outsmart, outwit and outperform anything any of your agents, officers, investigators, courts, judges or prosecutors have done to merely keep me safe from this offender.

I reported a Supervisory Special Agent for crimes when even “double digits of past victims,” his work associates and other police feared him too much, to stand up to him. I have ENDURED things no citizen should EVER have to endure.

The offender is maintaining a platform of claiming me suicidal, the sex consensual and his name marred by other “alleged victim” behaviors and a marred system. None of those things are true, yet the state is dragging its feet and empowering him to stay out of prison and on the streets of Wisconsin. The delays in getting to justice, getting to trial and enacting sentencing are NOT in any shape or form – throughout any phase of this case – respectful of my VICTIM’S RIGHTS.

He is receiving PREFERENTIAL TREATMENT and I fully – 100 percent – believe the process is blinded by his former badge and in-court hijinks of a slick defense attorney.

I hereby request EYES ON THIS CASE from the U.S. Department of Justice, State of Wisconsin, Senator Tammy Baldwin (D/WI) and Senator Ron Johnson (R/WI). I also ask for oversight by Governor of Wisconsin Tony Evers.

I am submitting this request also to Congressman Jim Sensenbrenner (WI).

The US Department of State has failed this case. The State of Wisconsin has failed this case in the past and are failing it again. At times, I have failed myself through exhaustion and fear of the offender’s ongoing attacks and offenses. But I am here standing strong and respectfully requesting EYES ON THIS CASE.

I was RAPED BY A FEDERAL AGENT WHO TRIED TO MURDER ME. I HAVE DONE MY DUTY. IT IS TIME FOR THE GOVERNMENT TO DO THEIRS EXPEDITIOUSLY AND TOWARD THE SAFETY OF THE WOMEN OF WISCONSIN.

C.Kimberly Toms
757.339.1723

 

Cc: State of Wisconsin via Governor Tony Evers
State of Wisconsin via Senator Ron Johnson
State of Wisconsin via Senator Tammy Baldwin
Waukesha County via Congressman Jim Sensenbrenner
Members of the Press