"Initially, yes," Snavely said, "but that was poor judgment. I made a bad decision."
He said Fato got back into her car and he followed her to a more secluded spot, where she got back in his car.
"As soon as she got in the car," Snavely said, "she was coming on heavy."
After they kissed in the car, Snavely said, Fato suggested she follow him to her residence, where she could make him breakfast.
Once at her house, Snavely said, Fato introduced him to one of the people she was staying with, then they went to her room. After she went to the bathroom, he said, they had sex.
After a few minutes, Snavely said, he realized he shouldn't be there.
"I took into consideration that the State Police probably didn't want me to be having sex on duty," Snavely said. "I realized I made a bad decision."
He said he cooperated with the State Police's internal investigation into the incident, once it learned about it through Fato. He said several internal charges were filed against him by the State Police, along with a disciplinary recommendation that he be fired.
Snavely said he was told that, if he appealed, the same people that recommended he be fired the first time would hear that appeal, so there was no point.
That's when he turned in his letter of resignation.
"You didn't want to resign did you," Clifford asked.
"No," Snavely replied.
The State Police originally was named in the lawsuit, but was dismissed as a defendant.
Snavely will take the stand again Tuesday.
Reach Gary Harki at gha...@wvgazette.com or 304-348-5163.