Former Federal Way basketball star sued for allegedly filming and sharing sex video

Collegiate basketball star Jalen McDaniels has been sued for allegedly filming a sexual act with a female student in 2016 while they were seniors at Federal Way High School, and then sharing it with friends through social media.

McDaniels was an all-area first team pick by The News Tribune in 2016 as a senior. That season he led Federal Way to its second consecutive state 4A basketball championship.

He now is a sophomore forward on San Diego State University’s basketball team.

Attorney Joan Mell filed the civil suit against McDaniels on Wednesday in King County Superior Court. The suit asks for damages “for severe emotional distress past and future” but does not specify monetary amounts.

In the suit, Gwen Gabert, 20, alleges McDaniels, using his mobile phone, filmed her performing a consensual sexual act in a car in January 2016 without her knowledge or permission, then distributed the video to basketball teammates via a group chat.

“Jalen needs to figure out that women matter,” Mell said. “He needs to acknowledge that you cannot do that, and no other woman should be vulnerable or victimized by Jalen McDaniels.”

Mell said she expects to file another invasion of privacy suit next week against McDaniels and the school district involving a similar incident with a different former Federal Way High student.

The ex-student, Tally Thomas, 19, filed a $3.5 million tort claim against Federal Way Public Schools in October, saying she told boys basketball coach Jerome Collins about a similar incident and he failed to properly notify authorities.

Thomas said McDaniels filmed her performing a sexual act on one of his teammates from a closet, then distributed it on his phone. Thomas, a star athlete at Federal Way High, received a softball scholarship to play at Stanford but has since left school.

Federal Way police investigated the cases twice, once in 2016 and again this fall, and last month recommended two counts of voyeurism against McDaniels. The King County prosecutor declined to press charges, according to attorneys on both sides.

McDaniels’ attorney, Jeremy Warren of San Diego, said his client is aware of the investigation.

“In fact, it has gone on for a couple years,” Warren said. “The police have looked at it twice, and the D.A.’s office has rejected any criminal charges. He looks forward to his day in court. Right now, he’s focused on being the best student and human being he can be.”

The university issued a statement after the suit was filed, indicating McDaniels will remain in school and part of the basketball team.

Federal Way Public Schools said in a statement sent to The News Tribune on Friday that the tort claim “was the first time the district was made aware of the allegations. The district immediately launched an investigation. The investigation is still underway.

“The District has procedures in place, and staff are trained, to address student concerns when they are brought to our attention. We hold all of our staff to high standards and the highest of expectations.”

Both women went public with their allegations in October and November but had not previously identified McDaniels, saying only it was a star basketball player on Federal Way High’s 2016 state championship team.

On Wednesday, the women held a news conference with Seattle-area television stations to announce the civil suit, and this time named him.

The women said they have received therapy for depression, anxiety, eating disorders and other health issues. Both also said they have attempted suicide.

Gabert saw Thomas’ interview with a Seattle TV station in October and called her that same day. She hired Mell and decided to pursue a civil case.

“I want him to be held responsible for his actions,” Gabert told the Union-Tribune by phone Wednesday, “and I want him to have something that will impact him (through) the years, maybe impact him forever, because of how serious it is — just have consequences.

“I did nothing wrong. I have consequences for the choice I made on my 18th birthday. I should have been able to make those choices and trust Jalen without having consequences that led me to almost take my life and still to this day be traumatized by what he did.”

Thomas’ tort claim requires that she wait 60 days before filing civil litigation against the school district. That waiting period expired Friday (Dec. 14), and Mell said she has prepared a separate civil suit that names McDaniels, Collins and the school district.

At issue is a February 2016 meeting arranged by Thomas’ father, Bryant, with Collins, both players and their fathers after basketball practice as Federal Way High was preparing to play in the state 4A tournament, which the team won.

According to the police investigative report, McDaniels and his teammate apologized, then deleted the video from their phones and instructed anyone else who received it to do so as well.

The school district has since placed Collins, a member of the Federal Way Hall of Fame, on administrative leave.

Collins was unavailable for comment and has declined to speak with other media outlets when contacted.

After interviewing Bryant Thomas, police detective Heather Castro wrote in her report: “Mr. Thomas stated Tally told him repeatedly that she did not want to pursue criminal charges, because it could ruin (the players’) lives. He stated he wanted to respect his daughter’s wishes and supported her decision.”

The investigative report also says the players met with Thomas’ mother to apologize, as well as with Thomas and Collins without parents present.

Castro’s report says the basketball player who engaged in the sexual act with Thomas (and whose name was redacted) stated: “They decided it was over and they were going to move on with their lives. There was no talk about contacting police. They decided it was a family matter and they resolved it themselves.”

After Thomas filed her tort claim in October, a school district attorney reported the alleged incident to police.

Castro opened a case on Thomas’ allegations and reopened the closed case involving Gabert from 2016. Her investigation included interviews with several of McDaniels’ former Federal Way basketball teammates.

Some said they had viewed the video; others said they had not but heard about it. Castro was unable to obtain a copy of the video as evidence.

Voyeurism laws in Washington require proof that a video was created for purposes of sexual gratification. A new law targeting the disclosure of intimate images without consent was enacted in 2015 but has a two-year statute of limitations, which has since expired in this case.

It is unclear whether McDaniels was a juvenile or adult at the time of the alleged incidents.

Gabert said McDaniels filmed her on Jan. 26, 2016, which was her 18th birthday and five days before McDaniels turned 18. Thomas told police she first became aware of the video involving her Feb. 13, after McDaniels had turned 18, but was uncertain when it was filmed.

Gabert’s civil suit claims police contacted SDSU police in September 2016 and requested they “secure” McDaniels’ mobile phone, although it does not appear there was a seizure warrant. McDaniels, through an attorney, declined to cooperate, and the case was later dropped by Federal Way police.

McDaniels had just arrived on campus and ultimately sat out as a redshirt that season, although it is not known whether it was purely for basketball reasons or because of the allegations.

McDaniels made his collegiate debut in 2017-18, starting the final 21 games of the season and averaging 10.5 points and 7.5 rebounds. He provisionally entered the NBA draft last spring and worked out for more than 10 teams before withdrawing and returning to SDSU.