Be very careful if you open your door to Citizen's Choice. While other ESCO companies follow the law and give employees criminal background checks, apparently Citizen's Choice skirts the law with its loose hiring practices that give marketing contracts to questionable individuals. Read below
Woman sues energy company over sexual assault
NEW YORK, July 13 (Reuters) - A Bronx woman and her father are suing an energy supplier for failing to properly vet their workers after she claims an employee of the company sexually assaulted her and beat her father. The suit, filed Wednesday in state Supreme Court in the Bronx, accuses Citizens Choice Energy of negligence in hiring, retention, training and supervision, as well as gross negligence. The family seeks damages for the March 22 incident, when Jimmy Avila went to the Sherman Avenue apartment to perform an "energy efficiency evaluation, " the lawsuit said. Citizens Choice markets gas and electricity at lower prices, and offers potential customers a "free home energy audit, " according to the company's website.
Avila had gone to the woman's home to perform an audit, the lawsuit said, and after the audit he "beat, struck, kicked and ultimately raped plaintiff... Causing her severe physical, mental and emotional injuries. "When the woman's father entered the home and found Avila assaulting and raping the woman, Avila turned on him, according to the suit. The Bronx District Attorney's Office has charged Avila, 33, with multiple offenses related to the incident, including rape and assault. He was indicted in April and is being held at Rikers Island, according to the district attorney's office. Company officials did not return repeated calls for comment. Avila is not named as a defendant in the civil case. PRIOR SEX OFFENSEThe lawsuit also said Avila was "a person with known violent propensities and a criminal record."
According to the New York State Sex Offender Registry, Avila is a Level 3 offender, defined as someone who has a high risk of repeat offense and is a threat to public safety, according to the state website. He was convicted of sexually assaulting a 14-year-old girl in 2004."When Citizens Choice hires somebody to go into one of its customer's homes, they have to make sure that they're not giving a predator access to people's homes, " said the plaintiffs' attorney, Jonathan Michaels of Pena & Kahn. Michael Murray of the Legal Aid Society, who is representing Avila in the criminal case, was unavailable for comment. The civil case is K.P. And L.P.V. Citizens Choice Energy, New York Supreme Court, Bronx County, No. 306252. For K.P. And L.P.: Jonathan Michaels of Pena & Kahn. For Citizens Choice: Not immediately known. (Reporting by Jennifer Golson)
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