NorthwestOctober 31, 2018

Case against sergeant arises from alleged incident with WSU student

Pullman Police Department Sgt. Dan Hargraves (right) is escorted out of a Whitman County Superior Court room after his arraignment hearing Tuesday afternoon in Colfax.
Pullman Police Department Sgt. Dan Hargraves (right) is escorted out of a Whitman County Superior Court room after his arraignment hearing Tuesday afternoon in Colfax.Tribune/Pete Caster
Dan Hargraves
Dan Hargraves
Pullman Police Chief Gary Jenkins speaks during a press conference Tuesday at city hall. Sgt. Dan Hargraves was arrested Tuesday and charged with custodial sexual misconduct.
Pullman Police Chief Gary Jenkins speaks during a press conference Tuesday at city hall. Sgt. Dan Hargraves was arrested Tuesday and charged with custodial sexual misconduct.Moscow-Pullman Daily News/Geoff Crimmins

PULLMAN — When he saw the evidence linking one of his patrol sergeants to an alleged sexual assault that took place last spring, Pullman Police Chief Gary Jenkins said he immediately felt betrayed.

“There is a presumption of innocence until an investigation is complete, but it’s hard not to have those feelings, given the evidence I’ve seen,” Jenkins said Tuesday. “I think the mood in the whole department is disbelief and shock.”

His comments came about six hours after Pullman Sgt. Dan Hargraves, a 19-year veteran of the department, was arrested and charged with custodial sexual misconduct, a class C felony.

The case stems from alleged sexual misconduct involving a Washington State University freshman that took place last spring.

The woman, who is identified in court documents only by the initials “L.G.,” had been drinking and was clearly inebriated. The probable cause report says Hargraves saw her stumbling along the street while he was on patrol. He initially drove her back to her dorm and told her to stay inside.

After Hargraves left, L.G. went back outside and was seen by a WSU police officer. The officer told her she would be cited for minor in possession of alcohol and directed her to return to her dorm room and stay there.

Shortly before 1 a.m. the morning of March 31, surveillance cameras spotted Hargraves’ patrol car driving toward the woman’s dorm. She told investigators she didn’t want to be alone and had left her room again to meet up with friends. Hargraves allegedly picked her up a second time and said he was going to arrest her for disobeying orders.

According to the report, L.G. told Hargraves she would “do anything” not to get arrested. He then allegedly asked, “What are you willing to do?” She again said she’d do anything, “thinking she would have to pay him a good sum of money.”

However, she said Hargraves parked the car and had her perform oral sex before driving her around and then releasing her.

L.G. reported the incident to WSU officials a few days later. The complaint was immediately turned over to the Washington State Patrol for an independent investigation.

Location information from the woman’s cellphone indicated she was near her dorm at 12:47 a.m. She was in the Reaney Park area from 12:53 to 1:01 a.m., before returning to her dorm. Semen stains on her clothes allegedly matched a DNA sample taken from Sgt. Hargraves.

Jenkins commended L.G. for coming forward with her complaint and said Hargraves’ alleged behavior goes against everything the department stands for.

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“We have a lot of employees who are completely invested in this community,” he said. “To have someone who represents us do something that’s completely against what we believe in, betrayal is the best word I can use.”

Jenkins apologized to WSU Police for involving them in the situation and said the department will work hard to regain the community’s trust.

“As a staff, we know we aren’t defined by this one allegation,” he said. “We’re defined by what we do in the community every day.”

Hargraves, 49, serves as a patrol shift supervisor for the Pullman department, where he’s been a sergeant for 14 years. He has been on paid administrative leave or desk duty since the incident was first reported. He was arrested by WSP officers at the Pullman Police Department on Tuesday morning.

Hargraves made a brief appearance Tuesday afternoon in Whitman County Superior Court, wearing civilian clothes and a pair of pink wrist restraints. He did not enter a plea during the 10-minute hearing. Judge David Frazier, sitting in for Judge Gary Libey, released him on his own recognizance. A formal arraignment is scheduled for Nov. 9.

Jenkins wasn’t aware of any previous allegations of this kind being made against Hargraves. However, the sergeant received counseling in 2016 following an internal affairs investigation about sending improper text messages to a female coworker.

Jenkins said he probably wouldn’t have done anything different in 2016, even in hindsight.

“The purpose of any disciplinary action is to change behavior, and we felt like the discipline imposed at that time had that impact,” he said.

Hargraves continues to be employed by the department and remains on paid leave. That could change, though, depending on the outcome of an internal administrative review.

Jenkins said the purpose of the review is to determine whether Hargraves violated any department policies, procedures or rules of conduct. The focus is more on labor laws than on criminal behavior. If Hargraves violated department rules, he could face disciplinary action, including possible termination, regardless of what happens with the criminal case.

It’s been 26 years since a Pullman Police officer was charged with a major crime. In 1992, former Sgt. Mark Sires was arrested and subsequently sentenced to eight years in prison for sexual abuse of a minor.

Spence may be contacted at bspence@lmtribune.com or (208) 791-9168.

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