COLFAX, Wash. - The Whitman County Prosecutor announced Thursday he will not retry former Pullman Police Sergeant Dan Hargraves on sexual assault charges, saying the victim doesn't want to go through the "additional trauma and indignity of another trial."
The jury deadlocked back on Sept. 19 and was unable to reach a verdict following a two-week trial. The judge then declared a mistrial.
Laws allow for re-trial in these situations, but the prosecutor has decided not to do a re-trial.
"I very much want to go forward with the case again, since I believe the facts are there to support a conviction," Whitman County Prosecutor Denis Tracy said. "However, the victim in the case is not willing to go through the additional trauma and indignity of another trial. Realistically, I cannot and will not force her to go through this again, and our system does not allow a criminal trial without her testimony. Therefore, the case is at an end.
Tracy added: "For any other witnesses in this matter, I would not hesitate to compel them to appear and testify at the re-trial. but for me to do that to the victim here, would truly be to re-victimize her. The victim in this case has gone through a lot, and I admire the courage that she showed to come forward in the first place."
"Now I have to respect her decision."