Case 5:20-mj-00017 Document 3 Filed 03/31/20 Page 1 of 24 PageID #: 3

AO 91 (Rev. 11/11) Criminal Complaint

UNITED STATES DISTRICT COURT
for the

Southern District of West Virginia
United States of America
V.

)
)
)
)
)
)
)

JONATHAN YATES

Defendant(s)

Case No.

5:20-mj-00017

CRIMINAL COMPLAINT
I, the complainant in this case, state that the following is true to the best ofmy knowledge and belief.
On or about the date(s) of
Southern

February 20, 2019

Raleigh

in the county of

in the

District of __W_e_st_V_i�rg�in
_ i_a__ , the defendant(s) violated:

Code Section

Offense Description

18 U.S.C. § 242

Deprivation of rights under color of law (resulting in bodily injury and including
kidnapping)

This criminal complaint is based on these facts:
See attached affidavit.

if Continued on the attached sheet.
Complainant ·s signature

Michael Moyer, FBI Special Agent
Printed name and title

Sworn to before me and signed ==========
in my presence. , via telephone pursuant to Rule 4.1 of the Federal Rules of Crim Proc.
Date:
City and state:

03/31/2020
Judge ·s signature

Beckley, West Virginia

Hon. Omar J. Aboulhosn, U.S. Magistrate Judge
Printed name and title

 Case 5:20-mj-00017 Document 3 Filed 03/31/20 Page 2 of 24 PageID #: 4

A F F I D A V I T
STATE OF WEST VIRGINIA
COUNTY OF RALEIGH, to-wit:
I, Michael

Moyer, being first duly sworn, do hereby depose

and state as follows:
Affiant Experience and Training
1.
Bureau

I, Michael Moyer, am a Special Agent with the Federal
of

Investigation

January 2016.
training

at

Upon

joining the FBI,

Quantico,

training,

I learned

criminal

activity.

investigations

(FBI). I have

VA

at

the

have

into

matters

so employed

I received

FBI

how to conduct
I

been

specific

As

part

of

investigations

experience

involving

joining the FBI, I served as a police

twenty weeks

Academy.

logical

since

sexual
officer

abuse.

of
my

into

conducting
Prior

to

for approximately

six years in the Commonwealth of Pennsylvania.
2.

As

part

of

my

duties

as

an

FBI

Special

Agent,

I

investigate criminal violations relating to acts of Violent Crime
and Violent Crimes Against Children, to include but not limited to
rape, sexual assault, child sexual assault and child pornography.
I have participated

in the preparation

federal search warrants.

1

and execution of mUltiple

 Case 5:20-mj-00017 Document 3 Filed 03/31/20 Page 3 of 24 PageID #: 5

3.

I know from my training and experience

that the FBI has authority
within the territorial

to investigate

as an FBI agent

sex crimes occurring

jurisdiction of the United States and the

deprivation of civil rights under color of law.
Probable

1)

Cause

In June 2019, I opened an investigation into Dr. JONATHAN

YATES based upon allegations from several patients at the Veterans
Affairs Medical Center

(VAMC) in Beckley, West Virginia that Dr.

YATES had sexually abused them.
2)

Based

on my

investigation,

the VAMC

owned land and falls within the territorial

is on federally-

jurisdiction

of the

United States.
3)

Dr. YATES is a doctor of osteopathic

employed by the United
the Whole Health

States Department

Director

at the VAMC

medicine

of Veterans

who was

Affairs

as

from in and around April

2018 to in and around June 2019.
4)

On August

22, 2019, pursuant

to this investigation,

I

met with VETERAN 1 at the VAMC.
5)

VETERAN 1 is a 42-year-old male veteran of the U.S. Army

with 100% service-connected
6)

disability.

VAMC records show that VETERAN

appointment

on

February

20,

2019.

2

1 saw Dr. YATES for one

Accordingly,

Dr.

YATES

saw

 Case 5:20-mj-00017 Document 3 Filed 03/31/20 Page 4 of 24 PageID #: 6

VETERAN 1 on that date in his capacity

as a federal employee of

the Department of Veterans Affairs and on the grounds of the VAMC.
7)
February
VETERAN

VETERAN

1 told me that

he went

to

of 2019 in order to get a referral
1

could

continue

with

massage

see Dr. YATES

in

from Dr. YATES

so

therapy

treatments

for

chronic back pain as well as pain in his toes, fingers, and hips.
VETERAN 1 told Dr. YATES that he was there for that referral to
continue with massage therapy treatments.
8)

VETERAN 1 also told Dr. YATES that he could not have his

neck cracked due to his medical
Dr. YATES acknowledged
9)

issues. According

to VETERAN

1,

that he heard VETERAN 1.

At the beginning of the appointment,

VETERAN 1 saw Dr.

YATES lock the door to the examination room.
10)

Because

of the

locked

door,

VETERAN

1 was

alone

and

isolated with Dr. YATES in the examination room. No one would have
been able to enter the examination room without a key or Dr. YATES
unlocking the door and allowing entry.
11)
breasts

During the appointment,
and brushed

Dr. YATES massaged VETERAN

his hands over VETERAN

l's nipples.

l's

During

that time, Dr. YATES made several comments about VETERAN l's muscle
tone. Dr. YATES commented on VETERAN l's chest hair and called him
a real man.

3

 Case 5:20-mj-00017 Document 3 Filed 03/31/20 Page 5 of 24 PageID #: 7

12)
remove

Later in the appointment,

his

boxer

briefs.

Dr. YATES told VETERAN

According

to

VETERAN

1,

Dr.

1 to
YATES

commented, "Boxer briefs - my favorite. Keeps everything tight and
in place."
13)

As VETERAN 1 was taking off his boxer briefs, Dr. YATES

grabbed his boxer briefs and pulled them all the way down.
14)

Dr. YATES then began to rub VETERAN

l's perineum

and

handle his testicles with an ungloved hand. Dr. YATES repeatedly
told VETERAN

1 that it was okay to be sexually

contact.

YATES's

Dr.

contact

with

VETERAN

aroused by this

l's perineum

caused

VETERAN 1 pain. During this massaging, Dr. YATES's hand, both the
front and back, consistently brushed up against VETERAN l's penis.
15)

Dr. YATES then had VETERAN

1 roll onto his stomach. As

VETERAN 1 did that, Dr. YATES kept his hand on VETERAN l's perineum
and continued to massage that region, continuing to cause VETERAN
1 pain.
16)

As Dr. YATES massaged VETERAN l's perineum with one hand,

he massaged VETERAN

l's buttocks with his other hand. VETERAN

told Dr. YATES to stop, but Dr. YATES continued.
again

told

Dr.

YATES

to

stop,

Dr.

YATES

stopped, and smacked VETERAN l's buttocks.

4

When VETERAN

appeared

1
1

irritated,

 Case 5:20-mj-00017 Document 3 Filed 03/31/20 Page 6 of 24 PageID #: 8

17)

VETERAN

1 then pulled up his pants to end the session.

Dr. YATES told VETERAN

1 he should not have pulled up his pants

and that Dr. YATES was not yet finished.
18)

Dr. YATES then began working on VETERAN l's upper body.

He cracked VETERAN

l's neck without warning

and despite VETERAN

l's previous instruction to Dr. YATES not to crack his neck.
19)

This neck crack caused VETERAN

1 to experience

severe

pain and numbness throughout his body. VETERAN 1 could not move.
20)

Immediately

after Dr. YATES immobilized VETERAN

1 with

the neck crack and while VETERAN 1 was unable to resist, Dr. YATES
physically rolled VETERAN 1 back onto his stomach and pulled down
VETERAN

l's underwear

without permission.

Dr. YATES then rubbed

VETERAN l's perineum and buttocks again.
21)

VETERAN

1 told Dr. YATES he wanted his underwear

back

on, but Dr. YATES told him that leaving them off allowed greater
flexibility.
22)

At the end of the session, Dr. YATES hugged VETERAN 1.

23)

VETERAN

1 suffered pain as a result of the neck crack

for several days.
24)

VETERAN

1

reported

that

he

told

B.C.,

another

VAMC

employee, about Dr. YATES's inappropriate behavior. B.C. confirmed
to me that VETERAN 1 had disclosed to her.

5

 Case 5:20-mj-00017 Document 3 Filed 03/31/20 Page 7 of 24 PageID #: 9

25)

When

signed typed

I interviewed
statement

dated

VETERAN
June

1, he provided

28,

2019,

me

affixed

with

hereto

a
as

Exhibit 1 and incorporated by reference.
26)

Throughout

thi s

investigation,

also

I

interviewed

additional Veterans who saw Dr. YATES at the VAMC for treatment.
These Veterans

described

their appointments

with Dr. YATES, and

their descriptions of aspects of Dr. YATES'S behavior during their
appointments

were similar to VETERAN

l's experience.

Several of

these Veterans also wrote statements describing their appointments
with Dr. Yates.
27)

I

interviewed

VETERAN

3. According

VETERAN 3 saw Dr. YATES on August

to

VAMC

records,

15, 2018, September 17, 2018,

and September 26, 2018.
28)

VETERAN

3 provided a written

statement, affixed hereto

as Exhibit 2 and incorporated by reference.
29)

I

interviewed

VETERAN

4. According

to

VAMC

records,

VETERAN 4 saw Dr. YATES on January 16, 2019.
30)

VETERAN

4 provided a written

statement, affixed hereto

as Exhibit 2 and incorporated by reference.
31)

VETERAN

1 is represented

by a civil attorney

in this

matter, although a lawsuit has not yet been filed.
32)

VETERAN

1 knows VETERAN

4 because

they participate

in

the same support group, and is aware of VETERAN 4's allegations.
6

 Case 5:20-mj-00017 Document 3 Filed 03/31/20 Page 8 of 24 PageID #: 10

They

are

being

information

indicating

33)

During

interviewed
February

to

same

attorney.

I

have

3 knows

either

VETERAN

no
1 or

35)

At

36)

me that

not

guys

investigation,

directly

able

Dr.

with

YATES

because

I'm

the

a married

I

also

Dr.

YATES

him

something

told

to explore

to Dr. S.H., Dr. YATES

the

Based

things
man

In

I'd

like

my

wife

and

on information
who

involves

similar

the

manipulations,

to perform

is

to

motor

areas

patient's
it

to causing

occasion.
performed

osteopathic

by Dr. B.N.

an independent

in OMT,

joints

function

and

because

skeletal
routine

external

I

know

chiropractic

realigning

certain

sensitive

one

YATES

provided

is an expert

physically

or achieve

Dr.

than

also admitted

(OMT)

technique,

doctor

on more

VAMC,

therapy

doctor

doctors,

told

to ejaculate

manipulative

hands-on

worked

"I'm

the

According

his patients

medical

of

this

who

S.H.

of,

of

understand."

34)

feel

the

VETERAN

course

S. H.,

Dr.

lines

some

wouldn't

pain

that

the

Dr.

2019.

the

with

the

by

4.

VETERAN

along

represented

in
goals.

it

and
for

7

care,
the

OMT

is a very

that

involves

body

Because

requires
muscular

doctors,

OMT ungloved.

that

the

to
OMT

relieve
rarely

doctor

response

particularly

to
to

older

 Case 5:20-mj-00017 Document 3 Filed 03/31/20 Page 9 of 24 PageID #: 11

37)

According to Dr.

OMT treatment of pain in sensitive

B.N.,

areas, such as the pelvis, can be accomplished

without sensitive

touching. For instance, treating pelvic pain can be accomplished
through sacral rocking where the doctor's hands are on the small
of the patient's

back,

through stretching

or through

reorientation

of the pelvic musculature,

of the pelvis

where the doctor's

hands are on the patient's legs and hips. Myofascial unwinding is
another technique,

closely resembling massage,

that involves the

doctor rubbing fascia to relieve tension. Muscle energy techniques
require the patient to engage a muscle

while the doctor creates

resistance to the muscle. These techniques
times

in short but

Generally,

sustained

OMT is performed

intervals

are performed

to help

muscles

on a fully clothed patient

several
relax.
or on a

patient with just their shirt removed.
38)

According to Dr.

of these techniques.
the

rectum,

but

there are sensitive applications

B.N.,

A muscle energy technique

would

require

the

patient

can be applied to
to

participate

by

contracting their anus while the doctor placed a gloved finger or
object inside to create resistance to the contraction. Myofascial
unwinding can be applied to the pelvic

floor externally

(to the

perineum) and internally. Manipulative therapies to the coccyx are
sometimes accomplished

internally.

8

 Case 5:20-mj-00017 Document 3 Filed 03/31/20 Page 10 of 24 PageID #: 12

39)

Dr. B. N. reviewed VETERAN

l's allegations,

as well as

the patient notes Dr. YATES completed for VETERAN l's appointment.
Dr. B.N. opined that Dr. YATES did not document any indicators for
application

of OMT techniques

this lack of documentation

to VETERAN

l's perineum.

Based on

and the patient allegations, Dr. B.N.

concluded that the contact between

Dr. YATES's hand and VETERAN

l's perineum lacked a medical purpose.
40)

Dr.

experience

and

B.N.
what

opined
VETERAN

that,

based

on

described,

1

his

contact

training

and

between

Dr.

YATES's hand and VETERAN l's testicles was not legitimate medical
treatment.
41)

Dr.

experience,

B.N.

opined

that,

based

on

slapping a patient on the buttocks

his

training

and

is not legitimate

medical treatment.
42)

Dr.

B.N.

opined

that,

while

erections

during

OMT

Dr. B.N. stated that a neck crack, a high-velocity,

low-

treatments can happen, they are not cornmon.
43)

amplitude technique used in OMT, should never be used without the
consent of the patient.

Dr. B.N. also opined that a neck crack

could be applied to a person in such a way as to incapacitate that
person, particularly

if the person had a condition that rendered

him sensitive to such techniques.

9

 Case 5:20-mj-00017 Document 3 Filed 03/31/20 Page 11 of 24 PageID #: 13

44)

This affidavit is intended to show that there is probable

cause for the requested arrest warrant and does not purport to set
forth all of my knowledge of, or investigation,
45)
as

an

into this matter.

Based upon your affiant's past experience

FBI

Special

investigation,

Agent

and

evidence

gathered

and training
during

this

your affiant submits that there is probable cause

that on and around February 20, 2019, Dr. JONATHAN YATES, acting
under

color

of

law,

willfully

deprived

VETERAN

1

of

his

constitutional right to bodily integrity in violation of Title 18,
United States Code, § 242.
4~
resulted

I submit that there is probable
In bodily

injury

because

cause that the offense

VETERAN

1 reported

that

Dr.

YATES's rubbing of his perineum caused VETERAN 1 pain.

4n

I submit that there is probable

included kidnapping

because Dr. YATES's

cause that the offense
cracking

of VETERAN

l's

neck, In a locked room, resulted in incapacitation and allowed Dr.
YATES to control VETERAN l's movement.
48)

The

events

Beckley, West Virginia

described

in

this

affidavit

and within the Southern District

Virginia.
49)

occurred

Further, your affiant sayeth naught.

10

in

of West

 Case 5:20-mj-00017 Document 3 Filed 03/31/20 Page 12 of 24 PageID #: 14

Michael Moyer, Special Agent
Federal Bureau of Investigation

Sworn to before me, and subscribed in my presence, this
day of March 2020.

HON. OMAR J. ABOULHOSN
United States Magistrate Judge

11

31st

 Case 5:20-mj-00017 Document 3 Filed 03/31/20 Page 13 of 24 PageID 15

Exhibit 1

 

Case 5:20-mj-00017 Document 3 Filed 03/31/20 Page 14 of 24 PageID #: 16

On February 20, 2019, I saw Dr. Jonathan Yates for my initial appointment.
appointment

The reason for this

was to get a referral for non-VA Massage Therapy, which I had been getting. I was told I

needed to see Dr. Yates to get approval for ongoing sessions.
He told me he would do a thorough
me about osteopathic

examination

& that he could do massages and acupuncture.

manipulation.

He asked me to remove my shoes and my shirt/tee
examination

He told

shirt/sweat

shirt. He told me to lie on the

table faceup. As I was doing that, he locked the door(1 saw him lock the door and I heard

the click), he turned the music up and he started humming.
He approached

me from behind, put his hands on my chest and started massaging it. He said to me,

"What a hairy chest, a real man". He brushed his hands across my nipples. He then moved to my neck
and shoulders,

massaging those areas. "It's extremely tense. I'll fix that."

He then told me to roll over onto my stomach. He rubbed my neck and shoulders, and worked his way
down to my lower back/waist

area. As he was doing this, he would make comments

about my chest and

muscle tone.
He asked me to remove my jeans so that he could check my lower back and hips. I complied.

I explained

to him (again) where my chronic pain was and what was causing it. My pain is from neuropathy.
Yates insisted that he needed to do this examination

Dr.

in order to properly diagnose me.

(I already knew what the problem was. I was there to get the OK to continue

massage therapy)

After I removed my pants, he observed that I was wearing boxer briefs. "Boxer briefs - my favorite.
Keeps everything
He instructed

tight and in place."

me to then lie back on the table, on my back. He began to feel around the groin area, the

top of my thighs and inside the groin area. I felt myself getting tense when he did that. He stated, "It's
fine. There are areas to check around here, and if you get aroused, it's only natural".
He continued
remove

to feel and massage around the groin and surrounding

your boxers to reach and feel properly".

areas. He stated, "I'll have to

I raised my head and started to protest.

hand on my chest and tried to reassure me that he is a professional

He placed one

and this was needed.

I began to push the boxers down. He then took the boxers and pulled them down to my feet, quickly. He
said again, "It is fine to be aroused. 'Do not be embarrassed".

He abruptly,

without

warning, cupped my

testicles with one hand and with the other hand he poked and rubbed the area between
and my anus. I immediately
I told him it hurt.

felt

my testicles

intense pain, an 8/9 on a 0-10 scale.

He said it would hurt but would subside when I relaxed. He continued

to rub that area,

even brushed against my penis. After a few minutes (it seemed a long time), he instructed

me to roll

over onto my stomach. While I was rolling, his hand stayed on my groin area and the pain continued.
At this point, his free hand started to massage my buttocks.

I again asked him what this was for, and told

him the pain was getting worse. The pain was in my hips, back, up my spine, and the groin area. He

 Case 5:20-mj-00017 Document 3 Filed 03/31/20 Page 15 of 24 PageID #: 17
'1.

placed his hand from my buttocks to my lower back and again tried to reassure me that this was what
he needed to do, and that I should relax.
This continued

for a couple of minutes. "let's

try something

else."

He then smacked my ass, removed his hand from my groin area, and instructed

me to roll over again,

onto my back. As I rolled over, I jerked my boxers back up (He was washing his hands at this point)
He turned around and said, "that wasn't necessary. I wasn't done".

He began to massage my neck,

shoulders and chest. Then, he cracked my neck. The pain was excruciating.
He was not supposed to do this. I made it clear from the beginning

I felt it all over my body.

of this session that he was not to

crack my neck.
I was in shock, could not even speak.
He then rolled me over onto my stomach again and pulled down my boxers. He put one hand on my
buttocks to massage them, and the other hand went back to the groin area previously

described. He was

essentially groping me.

I finally recovered from the shock enough to tell him "That's enough. This is not helping".
lilt will. let's try one more thing". He started to manipulate

He answered,

my hips. I was still in pain but, at least, his

hands were no longer on my groin area. That lasted around five minutes or so. My boxers were still
around my ankles. I told him I wanted

my boxers back on, but he said, "No. This allows more flexibility".

He again told me, "If you get aroused, it's ok. Nobody will know". (By the way, I never did)
Then he said, "Time's up. You can get dressed, then we'll talk".
I tried to leave the room. Before I could leave, he put his arm around my shoulder, and led my to sit on
the examination

table. He told me, liThe next session will be better.

mentally. Whatever
instructed

I'm here to help, physically and

we talk about, stays in this room". He patted my leg and gave me a hug. He

me to make a follow-up

appointment.

He watched me make the appointment,

As I was leaving the room, he followed

I walked to my car as fast as I could, despite my pain. I went to th.•~ ~ion
multiple

close behind.

watched me walk away.

sanitary wipes because I felt dirty after that encounter.

~

bathroom

and used

 Case 5:20-mj-00017 Document 3 Filed 03/31/20 Page 16 of 24 PageID 18

Exhibit 2

 

Case 5:20-mj-00017 Document 3 Filed 03/31/20 Page 17 of 24 PageID #: 19

I am reporting the fact that I was a victim of sexual assault by Dr. Yates during a visit.
He started by asking me what issues I had. I explained that I was disabled due to PTSD. 1 also
told him that I struggle with IDS, anxiety attacks, muscle spasms, and back problems. He asked
what if anything I tried had helped. I told him that I had tried physical therapy and chiropractic
care which helped some but only gave short term relief. I said to him that currently I was trying
yoga and meditation in the Whole Health Clinic and that had been recommended to try allowing
him to do joint manipulation to help with my back spasms and pain. I explained that counseling
and church had helped me more than anything.
He began by telling me that I should not be uncomfortable if! had any issues during the
procedure. He warned me that sometimes young guys with a lot of testosterone commonly got
erections during the procedure. I was then instructed to remove all of my clothing but that I could
leave on my underwear if I was more comfortable that way. He started manipulating my neck
and back, similar to the way my chiropractor had before. Then he began working on my shoulder
and arm joints. He started a discussion asking where and when I served. These were general
question and conversations that were common at the Veteran Affairs Hospital.
. After working on my upper extremities, Dr. Yates then moved to the area where my leg
and grown met. He reaches his hand underneath my underwear, placing his fingers in the crease
of the joint space. He was not wearing gloves, but he explained this was so that he could feel the
movement of the joint. He then leaned over my torso and worked my leg joint around. This made
me a bit uncomfortable, but his but the explanation seemed reasonable. Occasionally when he
moved my leg around his arm would come in contact with my penis. It was always the side of his
upper arm or forearm. It seemed unintentional. He began talking again, which helped to ease the
awkwardness. As the conversation progressed, he asked about how the church helped me. I told
him that I did the youth ministry at my church and that I enjoyed it that it was somehow
therapeutic for me. He asked if I had heard about the child abuse scandal going on in the catholic
church. He then asked ifhe could confide something to me. I told him that would be fine. He
then explained how he had been sexually abused as a child. He said it helped to be able to talk
about it. Though probably inappropriate, it is not uncommon for someone to give more
information than they should to someone involved in ministry. However, it was a little awkward
at the end when he said he felt like we could be friends.
This conversation became stranger when he asked ifit would be okay to call me ifhe was
having issues. I told him that ifhe was having an issue that would be okay. I understood this to
be a laity to a pastor relationship that may not happen. I asked him ifhe needs my number, and
Dr. Yates said no he could get from my records. I should not have told him this was okay, but as
a minister, I did not want to tell anyone who needed help that I would not help them. I was not
entirely comfortable with how this appointment and had gone. I thought it was weird, but it did
help my back pain. I asked several staff members what they thought about Dr. Yates. Most told
me that he was strange, but he was a good doctor. On August 25, 2018, at 4: 14 pm, Dr. Yates
began texting and calling me from (724) 986-9889. After this, he would go out of his way to talk
to me when he saw me in the Whole Health Clinic. He usually asked how things were going. Dr.

 Case 5:20-mj-00017 Document 3 Filed 03/31/20 Page 18 of 24 PageID #: 20

2

Yates was always strange, but it seemed that most veterans felt that way. He's a weird guy, but
his treatments seemed to be helpful.
During my second appointment, another doctor was in the room with us. It was explained
to me why the doctor was there. I believe he was a student. Again, I was instructed to remove all
of my clothing but that I could leave on my underwear if I was more comfortable that way. The
second appointment was similar to the first. He again leaned over my torso and worked my leg
joint around. The way my underwear was lifted, my penis was visible to the second doctor
seating at my head. Having him there made me a bit uncomfortable, though if Dr. Yates was
doing something inappropriate, he had full visibility which helped to make me more
comfortable. Occasionally when he moved my leg around as before his arm would come in
contact with my penis. However, this time, he actually would slide my penis over with his arm as
if it was in the way. At times the other doctor would ask questions about the differences between
what an osteopathic doctor did and what a chiropractor would do. He explained how the doctor's
body was positioned as the main difference in how the treatments were performed. He
demonstrated how the chiropractor's crouch was in the patients face and then immediately
apologized to me for acting out. I was so uncomfortable with this interaction that I asked a doctor
friend about it. He said it sounds strange, but it if there was a witness, I was probably just being
paranoid. He added that osteopathic medicine is different from chiropractic medicine and usually
is more in-depth.
My third appointment, I was alone again with Dr. Yates. He asked me ifthe treatment
was helping, I told him that it was, but I thought I might request to try acupuncture as well. He
said to me that we could discuss it as an option. The appointment we went as usual. At the end of
the appointment, he leaned across my thighs close to my groin and asked if there was anything
else, he could do for me. I said, No. I slid away and started to put on my shirt. He said I thought
you wanted to try acupuncture. I said, I do. He said I can do it right now if you wish. I said I
didn't know that you did that. He said that he could do a little.
So, he instructed me to remove my shirt and lie face down on the table. He began placing
needles from my left shoulder down my back. He told me that he would need to slide down my
underwear so that he could place needles on down my back to help sciatic nerve. He pushed my
underwear a few inches below my butt cheeks and added more needles. He then turned off the
lights and turned up the music that always played. He sat down beside me on the bed and began
messaging and kneading my butt checks. J asked him what he was doing. He told me that it
helped stimulate blood flow into my lower back. He then moved my legs and felt as if the
needles were pulling the muscles up in my back, and I could not pick up my leg. He asked if that
hurt when I moved. I told him it did so he said just to lay still. He then placed a knuckled into my
taint. I want to jump but could not move. He said this was to release tension.
It was at this point I realized that I was right to be concerned about the behavior in the
other appointments. When I told him, I did not like it that was increasing my tension, he released
the pressure and returned to messaging my but cheeks. I told him that I was done for the day. He
asked ifI was sure. I told him I was. I knew at this point; I would not be able to defend myself he
did not stop because of the acupuncture needles in my back. I honestly was afraid that I might be

 Case 5:20-mj-00017 Document 3 Filed 03/31/20 Page 19 of 24 PageID #: 21

3

raped at this point. Instead, he began to remove the needles that were in my left butt cheek. He
then squeezed both butt checks, patted my bottom, and pulled up my underwear and continued to
remove the rest of the needles.
The next day I told a couple of people that I trusted, I believed I had been sexually
assaulted, and they laughed. They each said there was no way someone would attack me. I told
them seriously the guy started messaging my butt and they laughed harder, and I never told any
of the rest of the story to anyone until the 13th. I tried returning to Whole Health for yoga until
Dr. Yates approached me at one of my appointments and told me that he had read my records
and knew there had been infidelity in my marriage and we should talk. I realized this man had
access to my private files. He had access to my address and detailed information about my
family.
I quit attending yoga and meditation after this. Dr. Yates continued to contact me by
phone and text until February 9 of2019. During this time, someone called my wife from the
Beckley Veteran Affairs Hospital claim ing to be an investigator and asked my wife if anything
inappropriate had happened between myself and Dr. Yates. She told the individual that all she
knew was that he made me uncomfortable. The news stories caused my wife to question things.
The supposed investigator made NO effort to contact me.
I returned to Whole Health after Dr. Yates was removed from the clinic. A new
acupuncturist had been hired, so I tried to receive treatment again. This doctor was very
professional, but I felt that same trapped sensation that I had experienced with Dr. Yates. After
the appointment, my PTSD was awful. I had other appointments for treatment scheduled by I
never returned.
Then on September 12 of2019 people started asking me if! knew what was going on at
the Beckley Veteran Affairs Hospital. I read on national news outlets that a Doctor from the
hospital had been fired and was being investigated for sexual assault. This has led to people
wondering if! had been raped. On Friday, September 13, I contacted the Beckley Veteran
Affairs Hospital and requested to have a meeting set up with the Hospital Director. When they
asked what was in regards to I told them that was about the sexual assaults taking place at the
hospital, I was told I talk to a police officer. Instead of waiting, I drove to the hospital and
reported the incident to Ms. Lynch. Up until this point, I had only told her that he made me
uncomfortable.
I left mental health and went directly to the Hospital Directors office and was denied
access to him. The reason I wanted to speak with the Director was my concern about things
happening in the Veterans Affairs Hospital in West Virginia. At the hospital in Clarksburg,
veterans have been murdered by its staff members. I am reporting on a man who knows where
my family lives and where my children go to school. I think this is a reasonable concern, but
obviously, the administrative staff at Beckley does not. I believe they would understand my
concerns if only they would listen. I need to know what safety procedures are in place when I do
not know that copies of my medical records or personal information are not in possession of this
doctor.

 Case 5:20-mj-00017 Document 3 Filed 03/31/20 Page 20 of 24 PageID 22

 

Case 5:20-mj-00017 Document 3 Filed 03/31/20 Page 21 of 24 PageID 23

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Case 5:20-mj-00017 Document 3 Filed 03/31/20 Page 22 of 24 PageID #: 24

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