Newly placed sex offender faced eviction threat

SPOKANE, Wash. - Earlier this month, many in the Spokane community expressed outrage when two men were released here from the Special Commitment Center for sexually violent predators on McNeil Island. Now, KXLY has uncovered that one of those men, required to live in a specific apartment complex, has already been threatened with eviction.

David McCuistion has a criminal history that includes rape and sexual assault of victims ranging in age from childhood to adults. He served 18 years in prison, then was civilly committed as a sexually violent predator. This summer, he asked to be released on what is called a Less Restrictive Alternative, despite never undergoing treatment of any kind while on McNeil Island.

His case went before a Pierce County judge, tasked with determining if McCuistion could meet the minimum requirements for release under an LRA: he had to agree to treatment with a licensed mental health professional and he had to have a place to live that would agree to make sure he followed the rules. That housing would be at the New Washington Apartments on Washington in downtown Spokane.

The Department of Corrections, tasked with supervising McCuistion after his release, did a thorough investigation and strenuously objected to McCuistion living at the New Washington Apartments. In what the agency called its most expensive and extensive report to date, DOC cited serious security concerns, rodent infestation and access to drugs and alcohol among the reasons for their concern. They also said the landlord and property manager could not adequately supervise McCuistion, even citing that the property manager and owner are both registered sex offenders.

The judge agreed to the LRA, despite the DOC objection, and McCuistion moved into the apartments in late September.

According to a public record obtained by kxly4 news, it was just over a week later - October 10th - when the New Washington Apartments served an eviction notice to McCuistion, saying he would have to move out by midnight Halloween night.

That threat could have meant the end of freedom for this sex offender. Without this court-approved place to live, McCuistion would have to move back to McNeil Island and start the process over again.

Despite this fact, the Department of Social and Health Services, which oversees the SCC, did not know about the eviction notice. In fact, we uncovered a lack of paperwork on many facets of the sexually violent predator program, including the fact the state does not maintain a list of released offenders and does not track to which county they've been released.

We tried to ask the property manager at the New Washington Apartments why he wanted to evict McCuistion and whether or not he still needed to move out. After first hanging up on us, the property manager then stated that we had done enough to "slaughter" the reputation of the men living there and that we should "be more concerned with real dangerous people like murderers." That property manager is currently under state supervision for child molestation.

McCuistion's attorney told kxly4 Monday afternoon, the eviction notice has been rescinded and the offender is still living at the New Washington Apartments. He said his client is in compliance with his treatment and release conditions.