Firefighter’s non-supervisory status may preclude rape charges

Wed., Feb. 15, 2006

Thomas Clouse Staff writer

A Ferris High School teacher pleaded guilty last fall to having sex with a 16-year-old girl.

A youth pastor at a Spokane church was arrested in December and faces six counts of the same felony charge – misconduct with a minor in the first degree – after a minor told police that they had consensual sex.

Then why wouldn’t a Spokane firefighter face the same charge after a 17-year-old girl told police that she had consensual sex with him at the Indian Trail fire station last Friday? The answer is a position of trust, said Rob Cossey, a local defense attorney who represented the Ferris teacher.

Although some states can charge suspects with statutory rape if one of the participants is under 18, the age for consent in Washington is 16. So that would not apply, Cossey said.

“The issue is not how it happened or the circumstances or consent. The mere fact it happened, if you are in a supervisory role, it’s a crime,” Cossey said. “But I don’t know how it possibly could (be a supervisory role) for a fireman.”

What’s not clear, Cossey said, is why the firefighter wouldn’t face a possible gross misdemeanor charge of communicating with a minor for immoral purposes, if he met the girl on the Internet.

Spokane city officials again refused Tuesday to name the firefighter, whom they placed on administrative leave after learning he had sex with the girl while on duty about 4 p.m. Friday. He met the girl through the Internet.

Spokane police learned of the situation from the girl’s friend about 2 a.m. Saturday.

City spokeswoman Marlene Feist, who issued a press release on the situation at 7 p.m. Saturday, said police have already concluded that no crimes were committed. But they will continue to investigate for another week, she said. The city will then conduct an internal investigation, expected to take about two weeks.

Lt. Greg Borg, president of the firefighters Local 29, said he spoke with the firefighter in question. Borg said the firefighter is in his 30s and has worked at the department between 10 and 15 years.

“We really are not involved yet, other than to give the guy a little bit of advice,” Borg said. “Our position is to make sure the process is followed, and that city policies are followed when they decide to discipline somebody.”

Borg said he was told that the employee did not contact the girl on the Internet while on duty and that he didn’t know she was 17.

“Obviously we don’t condone what allegedly happened,” Borg said. “If it happened, it’s wrong, and we can’t stand for that in our department. You need to separate work and your personal life. Don’t mess up the reputation of the other people on the department.”

The City Hall probe is partly to determine whether the firefighter violated the city’s Internet policy, Feist said.

Mike Shea, the city’s human resources director, said the city is following city policy by not naming the firefighter.

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