Prosecutor weighing options in decision to re-try former sergeant accused of sexual misconduct

Prosecutor weighing options in decision to re-try former sergeant accused of sexual misconduct

24 hours after a jury deadlocked in the case against a former Pullman Police sergeant, the Whitman County prosecutor said he’s weighing his decision whether or not to retry the case.

After five days of testimony and 11 hours of deliberation, the Whitman County jury was deadlocked and a mistrial declared. They were trying to decide if Daniel Hargraves was guilty of custodial sexual misconduct. He’s accused of forcing a WSU student to perform oral sex on him while she was drunk and thought she was under arrest.

The jurors said as soon as testimony ended Wednesday, they were split; six were in favor of conviction, six were not. After deliberating for 11 hours over two days, only one juror flipped, with seven voting to convict.

Some of the jurors told 4 News Now that Hargraves’ DNA on the young woman’s sleeve was crucial in their vote to convict. Others, though, said they were swayed against conviction when she couldn’t remember parts of what happened that night.

The juror who flipped to guilty said they did so because Hargraves never turned on his body camera or tracked the mileage of his patrols that night. After the first of two meetings with the young woman that night, Hargraves missed seven calls for service.

Friday afternoon, Whitman County Prosecutor Denis Tracy said he was considering the outcome of this trial in his decision to retry the case. He said the victim’s opinion will play a role in his decision as well.

Tracy expects to make his decision by the middle of next week.