DETROIT (WXYZ) — Nearly a decade before a former Detroit police sergeant would be accused of raping six women and girls at gunpoint, a county prosecutor declined to authorize sex abuse charges against the same officer.
Watch Ross Jones' video report:
In 2017, then-Oakland County Prosecutor Jessica Cooper denied a warrant sought against Benjamin Wagner, then a sergeant with the Detroit Police Department, following allegations made by a then 12-year-old girl.
Cooper’s decision conflicted with the assistant prosecutor handling the case, who wanted to bring a charge. Now, the prosecutor’s office says they are giving the case a second look.
The alleged victim, who is now 22, spoke to 7 News Detroit in light of Wagner’s criminal trial, which began Monday. Because she says she is the victim of sexual abuse, WXYZ is not naming her or showing her face.
“When my mom told me about him not being charged or punished, I felt like my soul left my body because that meant he was free,” she told 7 Investigator Ross Jones. “And he can come and get me at any time.”
Over a period of months beginning in 2015, she said Wagner used his badge to earn her trust. Eventually, she claims he sexually abused her and that when she turned to law enforcement to hold him accountable, Wagner was let off the hook.
“I built up so much courage and bravery to come and tell you guys what happened, and you basically said: 'no,'" she said.
Watch below: Ex-DPD sergeant charged in several sexual assaults between 1999-2003
‘He seemed normal’
At only 11 years old, the young girl was getting into trouble at school after misbehaving, records show, including sending inappropriate photos to another student.
Her mom, trying to teach her a lesson, took her daughter to Detroit’s 10th precinct near their home. According to police records, she hoped that meeting with an officer could send a message.
The officer she met was Wagner.
“He seemed normal,” she recalled. “He seemed trustworthy. He kind of reminded me of my grandfather, who had passed.”
She said Wagner offered to mentor her, taking her to basketball games, according to police records, and inviting her over to his home.
Police documents show that Wagner gave her gifts like Timberland boots, clothing and phones: First an iPhone, then later an Android.
“Perpetrators of sexual violence aren’t just perpetrating on anyone they meet,” said Johanna Kononen, associate director of the Michigan Coalition to End Domestic and Sexual Violence.
Kononen reviewed the claims made against Wagner, calling his alleged acts textbook grooming.
“That’s a vulnerable kid,” she said. “That’s somebody he can prey upon.”
Following the gifts, Wagner’s behavior is said to have escalated. He would pick her up from school, according to police records, and ask her to sleep over at his Pontiac home.
“I had my own room in his house,” recalled his alleged victim. “He would buy me things and put things in my room. Like I had my own clothes. I would already have bras and underwear there.”
As time went on, she said Wagner’s actions became more alarming. One night, according to police documents, he played a pornographic video for her to watch.
At other times, he would touch her legs, butt, thighs or chest, she told police.
Documents show Wagner allegedly asked her to perform sex acts on him; she refused.
She also told police that Wagner placed her hand on his penis and—when she recoiled— struck her in the face. Not long after, she would tell her mom.
“Because he was a cop, he was an older gentleman…I didn’t think she’d believe me,” she recalled. “I thought she’d take his side.”
But her mother believed her and took her to Sinai Grace Hospital to be examined by a doctor.
Around the same time, her daughter would disclose the abuse to her school counselor, teacher and teacher’s aide, according to police records.
She would take part in an interview at CARE House and talk to a detective with the Oakland County Sheriff’s Office. In 2016, a warrant would be presented to the Oakland County Prosecutor.
‘He was able to live his life’
The detective on the case was pushing for charges, police records show, and he wasn’t alone.
The prosecutor on the case, two law enforcement sources confirm, wanted to authorize a charge of criminal sexual conduct in the second degree.
But she would be overruled by her supervisor. The detective would appeal to then-Oakland County Prosecutor Jessica Cooper, who denied the warrant, according to internal police records, citing inconsistencies by witnesses.
Today, attorneys Jim Harrington and Paul Huebner represent the young woman, who is now 22, arguing that the Oakland County Prosecutor’s Office should have brought charges against Wagner a decade ago.
“The fact that this was actually in the lap of a prosecutor with information, with a complaint, with facts that substantiate that a crime was committed and that no action was taken is heartbreaking,” Harrington said.
Cooper, who is now 80, lost her re-election bid in 2020. Reached by phone, she said she had no memory of the case.
In light of the recent charges against Wagner, the Oakland County Prosecutor’s Office is now reviewing the original allegations.
“It is accurate to say the Oakland County Prosecutor's Office is now actively reviewing the case for charges,” said spokesman Jeff Wattrick.
While Wagner was never criminally charged over this case, he would be brought up on internal charges by DPD.
Facing accusations of conduct unbecoming and neglect of duty, he retired in 2017 and has been collecting his $42,602 a year pension ever since.
A decade later, he would be charged with a series of alleged rapes that he is now on trial for today.
“He was able to retire and live a happy life for an extra 10 years,” said his alleged victim. “He was able to live his life.”
7 News Detroit provided Wagner’s attorney, Robert Kinney, with a chance to comment on the 2017 allegations, but he declined.
“(We) have to believe in the criminal justice system and his right to remain silent without any penalty attached,” Kinney said.
Contact 7 Investigator Ross Jones at ross.jones@wxyz.com or at (248) 827-9466.
