A judge on Tuesday refused to dismiss claims against the city of Charleston in a case involving former police chief James “Tyke” Hunt.
Judge Jennifer Bailey sided with Chelsea McCoy during a civil hearing in her complaint against the city, Hunt and former CPD Chief of Detectives Richie Basford. It alleges sexual misconduct and abuse of power from Hunt, who was a sergeant at the time. The city had attempted to have claims of intentional infliction of emotional distress, punitive damages and wrongful termination dismissed in the case.
In an interview with Eyewitness News, McCoy alleged Hunt tampered with her polygraph results during her departmental application process and had improper interactions with her in the polygraph examination room and the former chief's city hall office.
Bailey said in her ruling that in order to dismiss, it had to appear beyond doubt, which is one of the highest standards.
She said at this point, it is unknown who with the city knew about this situation.
McCoy's attorney, Howard "Mo" Persinger III, argued that these alleged incidents took place on city property.
After the hearing, Persinger stood with McCoy and said they were pleased with Judge Bailey's decision.
“We’re particularly pleased that she didn’t dismiss any parts of our case that need to go forward," he said.
Gabriele Wohl, an attorney with Bowles Rice acting on behalf of the City of Charleston, argued immunity that the complaint lists out wrongdoing from two people.
“The city response is she didn’t tie her wrongful discharge claim to any facts that the city took adverse employment action against her. She states that she was constructively discharged by the two individual defendants," Wohl said.
McCoy is one of two women with lawsuits against Hunt accusing him of misconduct.
Back in 2015, McCoy joined the West Virginia National Guard when she was 18 years old. She also wanted to serve and protect her community. So, starting in 2017 and culminating a year later, McCoy began a journey toward joining the Charleston Police Department.
"I wanted to make a difference," McCoy told Eyewitness News in 2023. "I grew up really rough and I wanted to be different than everyone else that I saw growing up. So, I lived in Charleston when I was a teenager and I just, I was like, this is my city. I want to protect the city and I was already in uniform through the military so it just made sense."
However, McCoy was worried her checkered past might block her from joining the department's ranks. Her mother was addicted to drugs and McCoy was exposed to them at an early age. She experimented but did not get hooked.
She believed a question on a polygraph exam required for Charleston Police Department applicants stood in her way of fulfilling her dream.
In 2018, when McCoy was applying to join the department, James "Tyke" Hunt was a sergeant and a polygraph examiner. She said Hunt started a texting relationship with her about a month before the test.
She alleges that Hunt assured her she would pass the polygraph. McCoy said she lied about her drug usage during the polygraph, but alleges she was told by Hunt that she passed.
McCoy claims she and Hunt then had mutual sex in the polygraph room. After their alleged encounter, McCoy began her career as a probationary officer.
In January 2019, McCoy got into a fight with another woman at a gathering at her home. McCoy told police she was acting in self-defense. She was charged with battery and resigned from the Charleston Police Department.
McCoy said when the other woman failed to appear in court, the charge was dropped and she reapplied to the department.
Shortly thereafter, she and then chief of police Hunt started texting each other once again. McCoy said one thing led to another and the two allegedly had sex again in his office after he’d become chief.
In 2021, McCoy was activated for COVID duty with the National Guard. She said during that time she was embroiled in a custody battle with the father of her child. She started an OnlyFans page to make additional money, not identifying herself and working alone.
However, she posted about the page on her personal Facebook account, drawing attention from Charleston Sgt. Richie Basford, the former chief of detectives. He met her privately where he allegedly advised she resign from the police department.
Following Basford's advice, McCoy resigned from the Charleston Police Department in March 2022.
Hunt resigned from his position as chief on Aug. 18, 2023, citing personal and medical reasons.
During the hearing on Tuesday, there was some back and forth between McCoy's side nd the city about evidence that has been produced, depositions that have not been done, the timing and what’s been redacted or left out.
Due to the volume of it, meaning 2,000 pages and 50 hours of recorded witness interviews that Persinger said have been redacted,, Judge Bailey asked they get a discovery commissioner to work through that.
McCoy was joined in the courtroom by members of Charleston City Council who have been critical of how this complaint was handled internally. She was also joined by Jenny Harless, the other woman suing the city and Hunt for misconduct. Both accusations came out around the same time last year resulting in Hunt stepping down.
“Chelsea is a brave woman," Persinger said. "She’s been wronged in this situation and we’re very hopeful we can rectify some of that using the court system.”
A trial for this is scheduled for 2025.