A criminal case will not be pursued against the former Pullman police chief, Jake Opgenorth, who was accused of rape by his ex-mistress. Whitman County Prosecutor Denis Tracy announced that he is declining to prosecute the case, agreeing with the findings of investigators and a judge’s decision in a related civil case.

Opgenorth was placed on paid administrative leave by the City of Pullman in December while a Washington State Patrol investigation was conducted. The investigation, which focused on the same allegations brought forward in civil court, concluded and was submitted to Tracy for review last month. Tracy indicated that the investigation analyzed a substantial number of text messages, some of which referenced two sexual encounters as potentially non-consensual. However, he determined that there was insufficient evidence to prove beyond a reasonable doubt that consent was not given for those encounters.

Tracy’s decision aligns with the conclusions drawn by the troopers and the judge’s dismissal of the civil case, which involved claims from both Opgenorth and the woman. Judge Roger Sandberg characterized the civil case as “childish” and “juvenile,” emphasizing that the standard of proof for civil allegations is significantly lower than the criminal standard of beyond a reasonable doubt.

The former mistress has requested an independent agency to review the state patrol investigation, citing concerns of potential conflict of interest. Tracy stated that, despite knowing Opgenorth professionally, he was able to review the case with impartiality.

Opgenorth resigned from his position as Pullman police chief last month. Interim Chief Aaron Breshears was promoted to take over the role permanently following his tenure as acting chief.