"I thought he would go about his duties and go about his business," said Julie Fato, who was driving a car that was pulled over by Derek Snavely early on the morning of Nov. 16, 2008.

Fato was driving from the Vault, a now-defunct Charleston bar, to Dwight's restaurant in St. Albans. She was with Darryl Denson, a bouncer at the bar.

She testified that she believed she was impaired when she got behind the wheel of her car, and thought she failed Snavely's field sobriety tests after he pulled her over in the parking lot of Smiley's restaurant in Jefferson.

"I couldn't count correctly, I couldn't stand on one foot," she said.

Fato said after the test, Snavely told her to get in the car. She thought she was going to jail, but he told her to get in his cruiser. She said she got in the front seat on the passenger side.

She said Snavely started making small talk with her, asking her if she had a boyfriend. They talked about Denson, she said, and Snavely lectured her about driving around late at night with a man she barely knew.

"He said it's very dangerous to be with strange men," Fato said. "He really did seem like a good Samaritan, looking out for my best interests at that time."

Denson testified earlier Tuesday that Fato told him she was going to jail and he needed to find another ride home. Fato said she didn't remember that, and that she had tried to block many of the details of the evening out of her memory.

She said Snavely told her she couldn't call and ask anyone to pick her up because if she left her car parked in the parking lot where they were, it would get towed. He asked her to wait 15 minutes in the parking lot.

Denson testified Tuesday that he called his cousin, who was going to meet them at the St. Albans restaurant, and his cousin came and picked him up.

After Denson left, Fato said Tuesday, things changed.

"After everyone had gone he asked me to unbutton my coat," she said. "At this point I got kind of worried about what was going to happen."

Fato said Snavely told her she was very pretty. She replied, "You're cute, but I'm not interested."

She wanted to get back in her car, she said, but Snavely wouldn't let her. She said by that point, Snavely had told her she wasn't getting a DUI.

"Then I remember him asking me to follow him somewhere because he wanted a kiss. There was no question," Fato said. "[He said] this is what you're going to do."

She said she couldn't remember much about what happened at the second location where she and Snavely stopped. She said he told her to call her house and tell her roommates that she was bringing a trooper home.

"It was a very traumatizing event," she said at the beginning of her testimony. "I've had a very difficult time dealing with it... I've suffered severe depression, suicide thoughts."

Snavely, now the police chief in Hinton, testified Monday that Fato was the one who initiated the sexual contact between them after he pulled her over.

He continued his testimony early Tuesday, saying that he didn't ask Fato for her phone number, she asked for his -- and then called him as they drove their cars to the more secluded spot to kiss.

"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.