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Omaha actual property agency employed sexual predator regardless of complaints, lawsuits say

4 girls are suing Omaha actual property large The Lund Firm for negligence, alleging that the corporate allowed a now-convicted sexual predator to proceed working as a upkeep technician regardless of a number of complaints.

Hector Guardado-Alfaro, 45, was convicted in 2022 on three counts of third-degree sexual assault associated to girls he sexually harassed and assaulted whereas working on the Tiburon View Residences close to 168th Avenue and Nebraska Freeway 370. He has since been deported.

In keeping with lawsuits filed in Sarpy County final week, three tenants and one Lund worker have been subjected to undesirable sexual feedback, groping, harassment and, in a single case, rape, by the longtime upkeep man who had labored on the property since 2014. Court docket filings allege that Lund’s human assets division was made conscious of his habits a number of occasions however allowed him to proceed working on the property and have entry to feminine tenants’ properties.

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Lund manages greater than 90 house complexes throughout Nebraska, nearly all of that are situated in Omaha and the encircling suburbs. The corporate declined to touch upon the incidents or its sexual harassment insurance policies citing pending litigation.

All 4 girls have been clinically identified with post-traumatic stress dysfunction, amongst different psychological well being circumstances, and are looking for damages for previous and future medical prices, psychological and bodily anguish and emotional misery, in line with the lawsuits. They’re additionally suing Lund’s mum or dad firm, Cushman and Wakefield, and the property homeowners.

The lawsuits allege that Lund was first made conscious of Guardado-Alfaro’s habits in October 2018. Throughout a gathering, Lund’s former vice chairman of human assets, Mary Champion, was allegedly advised by one other upkeep technician that Guardado-Alfaro often engaged in “vulgar habits” and would “bodily grope feminine tenants and workers in a sexually aggressive method.” The person later recounted the identical to Sarpy County investigators.

Guardado-Alfaro confronted no penalties, in line with the lawsuits. He continued to work at Tiburon View till prison fees have been filed towards him in January 2020.

Omaha actual property agency employed sexual predator regardless of complaints, lawsuits say

In keeping with the lawsuits and courtroom filings within the prison case towards Guardado-Alfaro:

The primary reported criticism got here from a lady who labored because the advanced’s property supervisor from November 2018 to April 2019. She reported that Guardado-Alfaro would repeatedly grope her breasts and make sexually suggestive feedback. On one event, he compelled her to carry out oral intercourse on him within the basement of the leasing workplace.

In April 2019, the lady met with Champion to make Lund conscious of the sexual harassment she had endured. She resigned from her job after this assembly, however Guardado-Alfaro continued working on the advanced.

In Champion’s notes from the assembly, obtained by lawyer Clete Blakeman from Sarpy County investigators and supplied to The World-Herald, she wrote that the previous supervisor was solely leaving her job due to the harassment.

“She stated she wished to cry day-after-day earlier than coming to work,” Champion wrote. “I once more requested her why she by no means advised anybody and he or she stated as a result of Hector was so revered on the firm and by the homeowners, she didn’t assume it might do any good.”

Champion would later inform the Sarpy County Sheriff’s Workplace that Guardado-Alfaro was required to finish sexual harassment coaching after this incident. However when investigators requested a duplicate of his worker file in 2021, Lund officers stated that there was “nothing within the file associated to any extra coaching necessities for sexual harassment.”

Additionally in April 2019, a tenant reported being sexually assaulted by Guardado-Alfaro in her personal house. She had positioned an emergency upkeep order because of an overflowing rest room, and he confirmed up visibly intoxicated and struggling to stroll or communicate.

Because the tenant stood in her front room — her teenage daughter sleeping within the subsequent room — Guardado-Alfaro sneaked up behind her, bit her shoulder and groped each of her breasts. As she rejected his advances, he repeatedly talked about that he had entry to keys that would get him into her house, making the tenant really feel as if she had “misplaced all safety” in her house.

The following assaults each occurred in January 2020, proper earlier than Guardado-Alfaro was criminally charged. On Jan. 17, a tenant was sitting in her automotive in a chosen storage house getting ready to enter her house. When she exited the automotive, she was greeted by Guardado-Alfaro, who demanded a hug earlier than permitting her to go away the storage.

Two days later, Guardado-Alfaro used his automobile to dam the tenant within the storage as she was sitting in her automotive. As she tried to go away her automobile, he straddled her leg and forcefully groped her, making sexually suggestive statements and trying to penetrate her along with his fingers.

The tenant advised Guardado-Alfaro that she was going to a different house within the advanced to a soccer watch get together. He demanded that she name the host to inform her that he could be coming to the get together as properly.

Guardado-Alfaro adopted the lady to the house the place the get together was occurring. He was allowed to enter by the tenant, the fourth plaintiff, and he proceeded to face behind the sofa and “continually rub his penis and stare” on the girls within the house. Younger kids have been within the house on the time.

A confrontation between get together friends and Guardado-Alfaro ensued, ending with him threatening to come back again to have intercourse with the tenant when her husband was away. He additionally reportedly proclaimed that he “was an alpha male, and alpha males get what they need.”

The following day, the 2 girls concerned within the Jan. 19 incident went to the Sarpy County Sheriff’s Workplace to report Guardado-Alfaro’s habits. He was charged on Jan. 21, 2020, with third-degree sexual assault, prison trespassing and disturbing the peace.

As phrase started to unfold concerning the fees, extra girls got here ahead. By April, prosecutors had tacked on three extra counts of third-degree sexual assault, two counts of first-degree sexual assault and tried third-degree sexual assault.

As a part of a plea deal, Guardado-Alfaro pleaded no contest to a few counts of third-degree sexual assault. All different fees have been dismissed. After serving jail time, he was deported by Immigration and Customs Enforcement in April 2022.

Blakeman hopes the lawsuits will present some financial reduction to his shoppers, who he says have suffered “immeasurably” from the harassment. A number of the girls moved states, modified careers or started taking psychiatric drugs on account of the incidents and ensuing trauma.

The worst half, Blakeman stated, is that Lund was made conscious of Guardado-Alfaro’s habits however didn’t do any significant investigation into the allegations. Had the corporate taken severely the report made by Guardado-Alfaro’s co-worker, all 4 assaults could have been prevented.

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