Colville police officer’s child rape charges dismissed after second mistrial

WENATCHEE – After two trials ended with hung juries, the charge of child rape against former Colville police Officer Scott L. “Scottie” Arms was formally dismissed Monday.

Chelan County Superior Court Judge Alicia Nakata granted Prosecutor Doug Shae’s motion to dismiss the charge without prejudice, meaning Arms could still face a renewed criminal case if new evidence arises in the future.

“We don’t intend at this time on bringing this charge back,” Shae told the judge.

Arms, who was present for the dismissal, said outside the courtroom he’s ready to move on with his life.

“The next step is to take a couple of days and take a deep breath and reflect on what’s gone on here,” he said.

Arms, 44, was tried twice after Chelan County sheriff’s detectives arrested him in 2014 on suspicion of raping the daughter of his then-fiancee at a home in unincorporated Wenatchee. The girl, then 11, told investigators that Arms sexually assaulted her on the sofa in January 2014 while other children played video games in an adjacent room and adults watched the Seattle Seahawks’ 2014 NFC Championship game at a neighbor’s house.

Although the girl testified in both trials that Arms assaulted her, the prosecution was complicated by a lack of physical evidence and corroborating witnesses. The child disclosed the incident to her mother the night it allegedly happened, but her mother did not report it, and the case did not make its way to authorities until three months later, when a friend of the girl told a school guidance counselor.

Both trials ended with juries unable to reach a unanimous verdict. The most recent trial came to a close Oct. 2. Shae and Arms’ defense attorney Brandon Redal said the jurors appeared to lean toward conviction both times, with only a few favoring a not-guilty verdict.

Asked why he did not seek a third trial, Shae said, “How many times are we going to put the victim through this?”

He said the statute of limitations on the charge would allow it to be refiled, if new evidence warrants it, until the girl’s 30th birthday. She is now 13.

Arms was a Colville police officer for about 15 years until he resigned in April 2014, shortly before his arrest. He said his resignation was unrelated to the criminal case, and he would like to work in law enforcement again. He has not begun to search for a new job in the field.

“It has certainly caused damage to my career,” Arms said. “I have a lot of explaining to do, and it may be possible I may not be able to proceed with my law enforcement career.”

At the time of his arrest, another Colville police patrolman, Rex Newport, had recently pleaded guilty to pulling over women on suspicion of DUI and then sexually assaulting them. Arms said Monday he felt Chelan County detectives had Newport’s case in mind when they sought charges against him.

“It’s my professional opinion as a former police officer that this simply was a bad arrest – that probable cause did not exist,” Arms said.

At trial, Shae argued that while the girl’s mother had made mistakes in downplaying her allegations, the child herself was credible and Arms assaulted her when a spur-of-the-moment opportunity arose. Redal countered that the jury could not convict Arms solely on the statement of the alleged victim.

“I really think that beyond Scott’s case, that principle is really important for everyone,” Redal said Monday. “If all it takes is an allegation to land you in front of a jury, looking at 10 years in prison – that’s scary, and it could be anyone.”

On Friday, the child’s family took out a temporary protective order barring Arms from contacting their household, since the dismissal of the criminal case undoes that protection.

A further hearing this week will determine whether the civil order remains in place.

Arms, a Wenatchee native who had sought to move back to the city before his arrest, now says he will not reside in the area. “I was really looking forward to moving back to my hometown,” he said.

“I think it’s just time for all parties involved to move on with their lives, and make every attempt to recover,” he said.