Ex-Wantagh Fire Chief Among 2 Accused Of Rape: Lawsuit

WANTAGH, NY — A volunteer Wantagh Fire Department medic has filed a lawsuit against the Wantagh Fire District accusing a former fire chief and captain of sexual assault.

The civil lawsuit filed in Nassau County Supreme Court also named former fire chief Kenneth Kelly Jr. and Captain Josef Seier as defendants.

The woman, who is in her mid-20s, seeks financial compensation. Her lawyer, Vess Mitev, said the Nassau District Attorney's office has opened a criminal investigation based on the publicity received.

"It's something we're going to have to determine, whether we're going to participate in that or not," Mitev told Patch.

The victim has not filed a police report and there is no statute of limitations. Her lawyer said, though, there's a question if going "through the justice process will be, somehow, more painful than going through the act itself."

Mitev could not discuss the amount of money he's seeking for his client, but it's for claims of wrongful conduct, assault, battery and intentional affliction of severe emotional distress. He also said the district is accused of negligence "for being in a position to know that these things were going on and turning a blind eye to them."

"Obviously, any monetary settlement would have to be sizable enough that it's a stark reminder that this behavior can not, and will not, be tolerated," Mitev said.

On the night of Jan. 14, 2022, the woman attended a birthday party for the captain at station house No. 4, the lawsuit said. She was "encouraged to consume various liquors such as Malibu and Black Death" in a "premeditated" scheme to get her so intoxicated they could "take advantage of her impaired state and sexually assault her."

The woman, who is a physician's assistant, has been "wrecked, emotionally and mentally," Mitev said. "This is something no one would wish to happen to any person."

Patch was unsuccessful in reaching Seier for a comment. A number couldn't immediately be reached for Kelly, but he declined to comment to the Daily Beast on Thursday.

Living in the community is a constant reminder of the "horrible attack that was perpetrated on her," Mitev said.

According to court documents, the woman was to be the captain's birthday "present." After allegedly forcing a kiss upon her, the defendants brought her to a bathroom and raped her, according to the suit. When the chief left, the captain continued to assault the woman, the suit alleged.

When the woman got home around 4 a.m., the lawsuit said she received a text from the captain: "Had fun last night. But remember that's between you me and [...] only forever."

The lawyer for the defendants did not respond to Patch's request for comment.

Mitev claims the two firefighters never took part in any internal investigation with the Wantagh Fire District. He was retained as her lawyer after she faced potential disciplinary charges.

"That was their modus operandi from the very beginning: blame the victim, attack the victim, go after the victim [and] discredit the victim," he said.

The woman's lawyer said Wantagh fire officials were aware of legal action for nearly a year and could have settled "at any point in time."

Mitev told Patch about his client: "This is something that she loved to do. She thought she was part of a unit. These were her colleagues and friends, not her sexual predators."