People asking why Lusk not arrested - NBC Right Now/KNDO/KNDU Tri-Cities, Yakima, WA |

People asking why Lusk not arrested

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TRI-CITIES, Wash--  Less than a day after news broke former Prosser mayor Linda Lusk was now under investigation for alleged third degree child molestation a lot of you are sounding off online.  The most frequently asked question is why Lusk has not been arrested; if a man was accused of doing the same thing, would he have been?

So we took the question to Lusk's attorney.

"It depends on the individual facts on an individual case," her attorney, Scott Johnson tells us.  "The allegations, the background of the individual being accused, that's what goes into determining.  There are plenty of men who might be accused of a similar offense that aren't arrested.  There are plenty that are."

Wednesday in a press conference, Benton County Prosecutor Andy Miller explained what went into the decision.

"That was a decision that the prosecutor's office and the sheriff's office discussed together," he says.  "I don't think there is any concern about her leaving or her contacting the victim during this time.  So we thought it was appropriate for her to turn herself in at arraignment."

Miller has since told us anyone facing similar charges--in similar circumstances--with no criminal history--would likely not be arrested male or female.  Lusk's arraignment is now less than a week away.  The attorney for Lusk expects a not guilty plea.