In Franklin County, recently retired Pasco Police Department Officer Richard Jay Aguirre pleaded not guilty to the charge of third-degree rape Tuesday afternoon. Aguirre's criminal defense attorney Scott Johnson says he expects the charge will ultimately be resolved.
“There was a lot of alcohol that night,” says Johnson. “Once the whole story comes out, I think we’ll be alright on that one.”
Charging documents received from the Franklin County Superior Court outline the allegations of the night last November.
The alleged victim, an adult female relative of Aguirre's, agrees that a lot of alcohol was consumed that night. Beyond that, though, the accounts diverge drastically.
She was staying at his house that night. Aguirre only had one bed, so they both slept there. They had shared a bed before and nothing untoward had happened. The two were blood relatives, after all. She wrapped herself in a blanket, burrito style.
“She believed Aguirre was fully aware that she was not consenting to sexual relations because of this conduct and because of the nature of their familiar relationship,” writes Detective Jason Nunez in a deposition submitted to Franklin County Prosecutor Shawn Sant.
She fell asleep and woke up a bit later to find Aguirre trying to kiss her. Still intoxicated, she did her best to resist but couldn’t push him off, either because of the alcohol or the shock — she wasn’t sure which.
“Who are you?” she asked, touching his face.
“It’s me,” Aguirre replied.
Afterwards, he lay next to her and tried to cuddle. She asked him again “who are you?”
“Aguirre again said it was him and giggled,” according to charging documents.
Nunez interviewed Aguirre after the victim reported the incident. He says Aguirre acknowledged that they went to sleep in the same bed.
"He said they each slept on their own side of the bed and there was nothing sexual about this encounter and nothing sexual about their prior relationship," wrote Nunez. Aguirre told Nunez there was no reason his saliva should be on the victim's clothing. He volunteered to submit some DNA so the Washington State Patrol Crime Lab could check.
A forensic scientist at the crime lab used the sample to identify Aguirre's saliva on the panties the victim wore that night in November.
Aguirre's DNA was later entered into the Combined DNA Index System where it was found to match another sample collected long ago from the body of a murder victim.