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The Spokesman-Review Newspaper
Spokane, Washington  Est. May 19, 1883

No charges will be filed against officer accused of sex assault

Spokane County Prosecutor Steve Tucker said Tuesday there is no basis to file criminal charges against Spokane police Officer Jason Uberuaga, who was the focus of a month-long rape investigation, a county spokeswoman said Tuesday in a prepared statement.

Based on the results of a Washington State Patrol investigation and review by two deputy prosecutors, “Tucker has determined that the evidence does not meet charging standards for sexual assault,” according to a five-sentence news release.

The 33-year-old officer has been on paid administrative leave since early October, when a woman alleged she was sexually assaulted after encountering Uberuaga and another officer at a Spokane Valley bar, and later accompanying Uberuaga to a second tavern.

The case was referred to the State Patrol and the investigation was handled by WSP Sgt. Ken Wade, who “requested no charges,” according to the statement released Tuesday by Martha Lou Wheatley-Billeter, the public information and communication manager for Spokane County.

Other details of the investigation, including the alleged victim’s version of events, were not contained in the news release.

An internal affairs investigation by the Spokane Police Department will begin with the conclusion of the criminal investigation.

Jennifer DeRuwe, a public information officer for the Spokane Police Department, said “if he did something wrong, he’ll be held accountable. If he didn’t, he’ll be exonerated.”

The internal affairs investigation likely will examine whether Uberuaga was driving an undercover police car after drinking alcohol, which would be a violation of a newly instituted department policy.

Violation of that policy, implemented in June by Chief Anne Kirkpatrick, can result in censure, suspension without pay or termination, the policy states.

Uberuaga is assigned as a federally deputized member of the U.S. Drug Enforcement Administration’s Spokane Regional Drug Task Force. A nine-year veteran of the Spokane Police Department, he received a Silver Star for his efforts in a 2002 gun battle in downtown Spokane.