COLFAX - The Whitman County Prosecutor will not retry former Pullman Police sergeant Dan Hargraves on charges of Custodial Sexual Misconduct.
On September 19, after a nearly two-week trial, the jury deadlocked and was unable to reach a verdict. Some of the jurors were convinced beyond a reasonable doubt, and some of them were not. The judge then declared a mistrial. The law allows for a re-trial in this situation; however, there will not be a re-trial.
Hargraves was accused of instructing an 18-year-old Washington State University student to perform a sex act on him. The alleged misconduct occurred while she was being detained by Hargraves for an alcohol violation in March of last year. Hargraves resigned from the PPD in November.
Whitman County Prosecutor, Denis Tracy commented, “I very much want to go forward with the case again, since I believe the facts are there to support a conviction. However, the victim in the case is not willing to go through the additional trauma and indignity of another trial. Realistically, I cannot and will not force her to go through this again, and our system does not allow a criminal trial without her testimony. Therefore, the case is at an end.”
Tracy adds: “For any other witness in this matter, I would not hesitate to compel them to appear and testify at the re-trial. But for me to do that to the victim here, would truly be to re-victimize her. The victim in this case has gone through a lot, and I admire the courage that she showed to come forward in the first place. Now I have to respect her decision."