JAMES CITY COUNTY, Va. (WAVY) — A former police officer said Thursday through his attorney that he was left with no other option but to shoot his supervisor outside a Williamsburg bar in January 2023.

In a federal lawsuit, Michael Rusk and his attorney for both his criminal and civil cases say James City County Police failed to protect him from a pattern of sexual harassment by Sgt. Christopher Gibson. Rusk is charged with aggravated malicious wounding and a gun charge for shooting Gibson who survived.

“I think it’s a 100% self-defense case,” defense attorney Peyton Akers said. “He was in a situation where he had no choice but to defend himself.”

Rusk’s father, Jason, said his son had hinted in the months leading up to the incident that Gibson was making inappropriate advances.

“I told him to give [Gibson] a chance, give him a minute,” Jason Rusk said. “Try to understand where he’s coming from before we rush to judgment, because we’re talking about somebody’s career.”

But the case has already spelled the end of Rusk’s career in law enforcement. He spent 23 days in jail and then James City County Police terminated him. Rusk had two years’ experience with JCCPD, and had previously served with Newport News Police, and before that, the U.S. Army.

Jason Rusk is trying to prepare for his son’s trial, set for next month.

“You know, you’re never ready,” Jason Rusk said. “You’re always nervous. You’re always afraid.”

In addition, Michael Rusk and his attorney are suing in federal court, claiming a pattern of harassment. The lawsuit states as Rusk’s direct supervisor Gibson had a lot of leverage over him regarding career advancement.

His attorney, Akers, said in the era of Me Too, Rusk’s case is a miscarriage of justice.

“If he was a female, he would have been treated differently,” Akers said. “If he was a female coming to his superior officers previously before this incident, I 100% feel that they would have reacted differently.”

Akers said Rusk never got a sexual assault exam or mental health counseling.

Regardless of the outcome of either the criminal or civil case, Akers said it has left a scar on the community.

“I feel like this case has divided a lot of that and separated a lot of people that it should not have separated,” Akers said.

Although the case involves a police officer shooting someone, Williamsburg Police Chief Sean Dunn said it was not necessary to turn the case over to Virginia State Police, as is usually the case. Dunn said it did not involve Williamsburg officers, and Rusk and Gibson were both off-duty at the time, so they were not acting in their official capacity.

The shooting occurred on the 700 block of Scotland Street in Williamsburg and left then-38-year-old Gibson with critical injuries.

10 On Your Side previously reported that Rusk told the 911 dispatcher he called during the incident that he believed Gibson was going to rape him. The lawsuit alleges that Rusk was subjected to unwanted sexual advances and behavior by Gibson for two years.

“Starting late December 2021 to January 2023, Gibson increasingly made unwelcome sexual advances and harassed Mr. Rusk, his subordinate, both on-duty and off-duty,” it reads. “Gibson’s unwanted, inappropriate conduct included: hand holding, touching, slapping Mr. Rusk’s posterior, stalking, grooming, sexual comments/suggestions, and other forms of sexual harassment and assault.”

Rusk claims in the suit that he attempted to notify his next-in-line supervisor, Lt. Gregory White, of Rusk’s behavior on multiple occasions. The department, however, failed to do anything about it.

“Instead, the Defendants, because of Mr. Rusk’s sex, allowed him to be placed in jail for over 20 days, placed him on unpaid leave, and eventually terminated his employment,” the lawsuit states.

Rusk is suing for $5.5 million in compensatory damages and $300,000 in punitive damages.