Deputy Won’t Face Charges Alvarado Accused Of Having Sex With Teen; May Still Be Disciplined

A Spokane County sheriff’s deputy accused of having sex with a 16-year-old girl in his patrol car will not face criminal charges.

But Gary Alvarado, who has been on paid administrative leave since midDecember, still may face discipline from his superiors.

“He’s still under investigation for violations of rules and regulations,” said Lt. Doug Silver. “They couldn’t really go full swing (on the internal investigation) until it was determined whether criminal charges would be filed.”

Investigators say Alvarado arrested the girl Nov. 16 near the North Division Y on suspicion of driving a stolen car and not paying for gas.

He later volunteered to take the girl home because jailers said there was no room at the juvenile detention center, investigators say.

The girl accuses Alvarado of stopping his patrol car and having sex with her on the way to her Deer Park home. The incident was reported after the girl’s mother overheard her telling a friend she had sex with a law enforcement officer.

Sheriff John Goldman said in December that Alvarado is not accused of using force on the girl.

Neither Goldmann nor the girl’s attorney could be reached for comment Tuesday night. Alvarado, who has worked for the department a year, has an unlisted phone number.

No criminal charge fits the allegation, said deputy prosecutor Edward Hay.

Prosecutors can’t file a charge of child rape because that crime applies only to children younger than 16, Hay said.

Sexual misconduct applies to adults who use positions of authority to coerce 16-, 17- and 18-year-olds to have sex with them. But the law defines authority figures as Boy Scout leaders, job supervisors and others who regularly oversee teens, said Hay.

“It doesn’t specifically mention police officers,” he said.

Hay said prosecutors are not drawing conclusions about whether the girl is telling the truth.

“We’re dealing only with the aspect of whether criminal charges are appropriate,” he said. “It is not necessary for us to pass judgment on her credibility, and we’re not calling her a liar.”