"She said she was going to tell [her roommate] she was going to bring a state trooper home and he said OK, just tell him the house was a mess," Snavely said.
Fato testified Tuesday that when she left the second spot to go home, she didn't realize Snavely had followed her until she parked her car. She said she was shocked when he followed her into the house and up the stairs.
She said she got ready to go to sleep. "I wanted to pass out," she said.
Snavely earlier testified that he believed he was an invited guest when he entered the house where Fato was staying.
Fato said when she went into the bedroom from the bathroom, Snavely's holster was off and his pants were down. She said he grabbed her head and pushed her down to perform oral sex on him.
"Then he threw me on the bed," she said, and they began having sex, but he abruptly stopped.
"He said, 'I gotta go, I gotta go,'" Fato said.
Kim Knapp, the friend with whom Fato was staying, testified Tuesday that Fato came downstairs after the encounter with Snavely, slurring her words and not making sense. Fato says she doesn't remember that, but video equipment inside Knapp's house shows Fato coming downstairs and talking to Knapp.
Knapp testified that her husband works with video equipment and had it set up in the house. Fato testified she didn't know that the video showed Snavely until the next morning.
After Fato got some sleep, she talked with Knapp again about the incident with Snavely. She said Knapp urged her to tell authorities.
Fato asked, "Who can we call?" and then said, "Well, we can't call the police. They'll all be together... We can't call the State Police because they investigate their own."
After much discussion, Fato said, she called her divorce lawyer, Shawn Bayliss, who put her in touch with another lawyer, Mike Clifford, who is representing her.
Earlier in the day, Snavely testified that Fato didn't seem intoxicated when he pulled her over and she exited the car or took the tests.
"As far as the totality of the circumstances, I'd say she did pretty good," he said.
After she was given the warning ticket, Fato was free to go, he said.
"It wasn't a stop any more," he said. "It was over."
When asked if he ever told her or implied that Fato could exchange sexual favors with him to keep from getting a DUI, Snavely said, "Absolutely not."
After their sexual encounter, Snavely said, Fato walked with him to his cruiser and said she would like to meet up with him again. He says he told her he was going to Iraq with his National Guard unit soon. He says she gave him her e-mail address and asked him to e-mail her.
Reach Gary Harki at gha...@wvgazette.com or 304-348-5163.