PULLMAN, WA – A criminal case will not be pursued against the former Pullman police chief who was accused of rape by his ex-mistress. Whitman County Prosecutor Denis Tracy announced Wednesday that he is declining to prosecute the case agreeing with investigators and a judge’s decision in a separate civil proceeding.
Jake Opgenorth was placed on paid administrative leave by the City of Pullman in December pending the outcome of a Washington State Patrol investigation. Troopers finished their investigation and sent the case to Tracy for review last month.
Tracy confirms that the investigation examined the same allegations that Opgenorth’s former mistress brought forward in civil court. Opgenorth and the Pullman woman had an affair for several years which ended last fall. She sought a civil protection order against Opgenorth in Whitman County Superior Court claiming that he had raped her.
The case involves tens of thousands of text messages. Some of the messages contain references characterizing two of their sexual encounters as having constituted rape. Tracy found that there is not enough evidence to prove beyond a reasonable doubt that consent was not given regarding those sexual encounters.
Tracy notes that his decision to not pursue the case is consistent with what troopers concluded. He adds that his decision is consistent with the judge’s dismissal of the civil case between Opgenorth and the woman. Judge Roger Sandberg denied civil claims from both parties calling the case “childish” and “juvenile.” Tracy points out that the standard of proof for the civil allegations that were denied is much lower than the requirement to prove a criminal case beyond a reasonable doubt.
Opgenorth’s former mistress has told Pullman Radio News that she asked Tracy to have an independent agency review the state patrol investigation citing a potential conflict of interest. Tracy says that he knew Opgenorth professionally but declined the request noting that he was able to review the case impartially.
Opgenorth resigned as Pullman police chief last month. Interim Chief Aaron Breshears was promoted to take over the job permanently last week. Breshears had been serving as police commander before being named acting chief.