Trial begins for former Sunriver police officer charged with misconduct

Witnesses speak in court at start of non-jury trial

BEND, Ore. (KTVZ)-- A non-jury trial got underway Wednesday for a former Sunriver police officer charged with official misconduct over his actions the night his girlfriend was assaulted.

Witnesses took the stand before Deschutes County Circuit Judge Randy Miller to recall the events of Nov. 11, 2018, when then-Sunriver Police officer Kasey Hughes left his post after his then-girlfriend was sexually assaulted in downtown Bend.

Last year,District Attorney John Hummel filed official misconduct charges against Hughes, alleging that his departure that night left Sunriver residents without police protection for hours.

He's also accused of failing to investigate and report the sexual assault complaint to Bend Police. 

Hughes, who says he was separated at the time from his wife, who's also a Sunriver police officer, got a frantic call early that morning from his girlfriend in Bend.

Hughes attorney, Jaime Goldberg, claims Hughes was in a dilemma as to how he should respond, but that his first concern was to get medical attention for the woman, who he says was brutally raped, prompting his decision to leave his post and head to Bend.

Goldberg disputes the prosecutors' claim that Hughes was trying to hide his affair.

The defense lawyer says that investigating the crime himself would have been an obvious conflict of interest with bias, considering their relationship.

"Many people have affairs -- not an advocate of that but it's just real life," Goldberg told NewsChannel 21. "I think he acted heroically that night. The person needed hospital care, didn't need the police knocking down doors and insisting on talking to her, asking her a bunch of questions.

"In fact, she was in really bad shape and needed hospital care, and that's what he did. She also clearly expressed to witnesses to remain anonymous, which under Oregon law, unless you're a child or over 65 you have that right."

Goldberg said the victim was also in law enforcement, wanted to remain anonymous and said she did not want police involved.

The lawyer called it a very gray area, and that he doesn't think Hughes was wrong in what he did.

"I think the state's charges here are a little unfair and ridiculous," Goldberg said. "I think especially if we're orienting what's happening across the county with police officers and the misconduct people are complaining about. Here we have somebody who risked the affair coming out by going down into the city to take this person to the hospital to help her." 

The prosecutor argued that even if the victim did not want to report the assault, proper law enforcement protocol is still to collect trace evidence and witness statements, in case the victim later changes their mind.

Sunriver Police Chief Cory Darling fired Hughes after the incident.

Hughes' non-jury trial is scheduled for two days but could extend into a third.