A former horse trainer has been ordered to pay over $9 million to a woman who accused him of raping her in 2019.
Ari Herbertson, 32, was ordered to pay the sum in California civil court earlier this week after already serving a year in prison in connection with the 2019 Golden Gate Fields incident.
He pleaded no contest to a charge of assault with a deadly weapon as part of a 2021 plea deal that also dropped charges of sexual battery, sexual penetration and assault with intent to commit a sex crime.
He was subsequently sentenced to one year in prison and two years probation in connection with the January 12, 2019 incident, in which Herbertson allegedly drugged her drink and sexually assaulted her both vaginally and anally with another man.
According to the plaintiff, who goes by only Jane Doe, Herbertson and the exercise rider approached her at the docking bar at the track where they both worked before allegedly spearing a mimosa she had left behind when she went to see a horse.
Ari Herbertson, 32, was ordered to pay the amount in California civil court earlier this week after already serving a year in prison in connection with the alleged incident
The incident occurred in January 2019 at Golden Gate Fields and resulted in the unnamed ex-officer being raped both anally and vaginally by Herbertson and an accomplice, officials said
Through a combination of memories, videos on her own phone, security footage and memories later accessed through eye movement desensitization and reprocessing (EMDR) therapy, Doe claimed the couple carried her to Herbertson's vehicle, her to a nearby one nearby field and raped her – before leaving her unconscious in her own car.
In his ruling, Alameda County Superior Court Judge Jeffrey Brand explained how the unnamed woman suffered long-term from the traumatic incident.
'[Doe] “She has stated that she is concerned that any drink she purchases in public has been drugged,” Brand wrote in setting aside the civil lawsuit filed Jan. 22.
“The plaintiff stated that she intentionally gained approximately 50 pounds in order to be less attractive and avoid being raped again,” he continued.
'[Doe] also stated that she suffers from memory loss, which she describes as “holes” in her brain.
The lawsuit — in addition to seeking millions of dollars in damages — named Herbertson, track owner The Stronach Group, Golden Gate Fields and former training driver Justin Rivera as defendants.
The court, Band wrote, concluded that the plaintiff met her burden of proof as to Herbertson's liability by engaging in acts to which the plaintiff did not consent and suffered harm as a result.
The court also found that Doe proved, through court testimony and reports submitted to investigators, that Herbertson was liable to her for the tort of battery (second cause of action) because defendant Herbertson raped plaintiff by engaging in acts which the plaintiff did not commit consent.
Another part of the file, meanwhile, contained a detailed account of the alleged attack.
Herbertson, who was seen outside a Santa Rosa stable in 2018, previously pleaded no contest as part of a plea deal related to the attack, but has since been found liable in a subsequent civil case
“On January 12, 2019, plaintiff went to Golden Gate Fields [GGF] around 12:30 p.m
“She went to the Paddock Bar at GGF and visited her friend Cindy Desimone (“Ms. Desimone”), who owns horses that were racing that day.
“At first, plaintiff and Ms. Desimone were alone in the bar, but eventually defendant Herbertson and his friend Justin Rivera (“Mr. Rivera”) entered the bar,” the report continued.
“Plaintiff and defendant Herbertson were casually acquainted, but had no relationship or any relationship other than occasionally seeing each other at the race track.” “She did not have his phone number,” the filing states.
“Plaintiff, Ms. Desimone, Defendant Herbertson, and Mr. Rivera each drank a shot of tequila together, and then Plaintiff resumed her conversation with Ms. Desimone.”
“Defendant Herbertson and Mr. Rivera were sitting on the other side of the bar.”
“Plaintiff then ordered a mimosa from bartender Reagan Kenney (“Ms. Kenny”). Plaintiff took a small sip of the mimosa and then walked with Ms. Desimone to the paddock area to inspect Ms. Desimone's horse, which was about to race.
“The two then returned to the Paddock Bar to watch the race.” They also resumed their conversation.”
Shortly afterward, Herbertson – an accomplished trainer before his arrest – called the former police officer and asked her if “she would nurse or finish her drink all day,” officials said.
The victim then waved Herbertson away before taking a second sip of mimosa.
“Almost immediately, she felt she had been drugged,” the filing states.
“She stated that she had not consumed enough alcohol to be drunk; Still, she started acting like she was completely drunk.
“The plaintiff believes that her drink was laced with a date rape drug.” After she began behaving in this way, she was told to leave the bar by the bartender, Ms. Kenney.
“The plaintiff testified that she kissed a security guard and asked him for sex, writing her phone number on his hand.
“The plaintiff also said that she howled at a helicopter that she saw circling over the track,” the report continued.
“(It is unclear to the court whether this helicopter existed or whether the plaintiff was hallucinating.)”
In its order, Alameda County officials explained how the unnamed woman suffered at the hands of the fraudster and long-term from the traumatic incident
At some point the plaintiff vomited, Brand continued.
“Many of the plaintiff's memories of that day, after she had apparently taken drugs, were restored through a medically supervised method called EMDR (Eye Movement Desensitization and Reprocessing).
“Plaintiff began EMDR therapy after she had a memory of being raped while driving in Kentucky.
“She was concerned about the danger posed by such flashbacks and concluded that they should occur in a medically controlled environment and not while driving on a highway.”
“Plaintiff testified that through EMDR therapy she “recovered a clear memory” of the events of January 12 and 13, 2019, which are relevant to this lawsuit.
“After behaving drunkenly as described above, Plaintiff was carried out of the GGF by Defendants Herbertson and Mr. Rivera and placed into Defendant Herbertson's truck, which was parked near the track exit.
“She was then driven to her car which was parked elsewhere in the track car park.”
Part of the file contained a detailed account of the alleged attack carried out by Herbertson and exercise rider Justin Rivera (not pictured).
“Either Defendant Herbertson or Mr. Rivera then searched them and found Plaintiff’s car keys,” the report continued.
'Mister. Rivera then drove the plaintiff in her car to an adjacent soccer field and parked there. Defendant Herbertson followed him in his own truck.
“Defendant Herbertson and Mr. Rivera then proceeded to forcibly rape plaintiff both vaginally and anally,” it continued.
“They covered her mouth with their hands, removed her clothes and carried out the rape.”
Brand added: “[Doe] I can't remember exactly whether the rape took place on the soccer field where Mr. Rivera parked her car or somewhere else.
“The court finds that plaintiff’s failure to recall this detail does not affect or undermine the overall credibility of her testimony.”
“The plaintiff vomited several times during the attack and eventually passed out.
“When plaintiff awoke, she testified that her boots were half-dressed and her clothing had been altered, as if defendant Herbertson and Mr. Rivera had attempted to redress her.”
“She was lying face up in the overturned driver’s seat with her mouth filled with vomit.
“She testified that she felt like she had been left to die and feared that she might have died by drowning in her own vomit,” he continued.
“Her car was turned off and she was freezing cold. The plaintiff turned on her vehicle to warm up, vomited again, and passed out for several more hours. When she woke up the second time, her car was still running.
The victim then attempted to drive to a hospital a few miles away in Antioch because it was closer to her home, officials said, but decided to go home before reaching the hospital.
When she arrived, “[Doe] took off her clothes and stored them in a trash bag. She stated that as a trained police officer, she was aware that she was not allowed to shower to preserve evidence.
“However, she explained that she had an overwhelming desire to clean up and take a shower, which she did.” She then reported the incidents to the police.
“Plaintiff attended and attended court hearings related to the prosecution of defendant Herbertson.” She was present in court when he pleaded no contest to a reduced charge of assault with a deadly weapon, a felony.
“She has read an impact assessment to this court, which she has also done emphatically to this court.” The court concludes that the defendant's plea of no contest constitutes conclusive evidence of the defendant's guilt in the criminal proceedings. “