Ex-Sunriver police officer acquitted on official misconduct charges

BEND, Ore. (KTVZ) -- After two days of testimony, a Deschutes County judge late Thursday found a former Sunriver police officer not guilty of official misconduct for leaving his post and allegedly failing to report a sexual assault of his girlfriend nearly two years ago.

The case went to Circuit Judge Randy Miller for his verdict after the two-day non-jury trial of Kasey Hughes on two counts of official misconduct.

Miller found Hughes not guilty on both charges, ruling that the state did not prove within a reasonable doubt that Hughes performed an act constituting an unauthorized exercise of official duties by responding to the victim in Bend.

The judge said the testimony convinced him that the intent of responding to the call was not to conceal his affair, but acting out of genuine care for the victim.

Miller said because Hughes and the victim were in an intimate relationship, he facilitated an investigation by instructing the nurse to call Bend Police. and even left his phone number for further contact. He noted Hughes took those steps, even against the victim's wishes to not involve law enforcement.

After the judge's ruling, Hughes did not speak to reporters, instead deferring questions to his attorney, Jaime Goldberg, who said he was glad the judge saw the case for what it was and ruled in their favor.

On Thursday morning, after Monday's opening day of testimony, Deschutes County sheriff's Detective Ron Brown took the witness stand and continued recounting events from Nov. 11 2018.

Brown claimed officer Hughes reported his initial call to the victim took place at 2:43 am, and lasted about 24 minutes. He said Hughes didn’t go to Bend until after his estranged wife Tiffany had logged off duty at 3 a.m, and said Hughes arrived in Bend at 3:07 a.m.

Brown told the court he believed there was a discrepancy with the time Hughes actually said he left for Bend. 

While conducting his investigation and after listening to the interview Hughes had with Bend Police, Brown said Hughes did know something was wrong with the victim from the initial call, as Hughes stated during the interview with Bend PD, the victim repeatedly said, “I didn’t want it.”

Brown said Hughes did not know she was sexually assaulted until she confirmed it, while in his car about a block away from the parking garage where he found her.

Brown later revealed that while Hughes was on the phone with the victim, his wife was also texting him about reconciling, but he never disclosed he was heading to Bend.

Shortly after Sunriver Police Chief Cory Darling took the stand, he said Sunriver officers rarely respond to cases in Bend, unless they're working in a special team or requested by another agency.

Darling, who later fired Hughes, said he was notified of the incident the next day by his sergeant.

The chief told the court that on Nov. 12, he and Hughes both responded to an incident in Black Butte Ranch, yet Hughes still had not notified the Sunriver department of the incident from the morning before.

Darling recalled Hughes narrowly explaining the details regarding his personal affair and that a dispatcher was sexually assaulted. Darling said Hughes never mentioned that he'd gone into Bend the previous day.

“If an officer was going to leave Sunriver and head to Bend, it would be appropriate that they get approval from a supervisor at the time do so," Darling said. "You'll make sure there is coverage for the area that you’re leaving, and then respond appropriately."

Hughes' attorney, Jaime Goldberg, argued there is no department policy involving an intimate partner unless in a domestic violence situation, which was not the case.

He said there also is no policy stating Hughes had a duty to investigate the assault himself or refer it to Bend PD, since the victim was in a relationship with him and wanted to remain anonymous.

The defense also called Murray Rau of the Washington County Sheriff's Office to the stand.

Rau worked in the agency's patrol division for 10 years and detective division for 15 years. He told the court he has experience in evaluating whether police officers violate their duties.

Rau said a policy is a mere guideline or suggestion, and there are circumstances where you can be found outside of policy and still be doing the right thing.

He said as an officer, conducting an investigation on someone you're romantically involved in is a conflict of interest, because the officer is caught up emotionally, adding that ethically, it should be referred to someone else.

Another defense witness, Michael Alax, works as a consultant in traffic, crash and reconstruction, having worked for the Salem Police Department for 23 years.

Alax said he reviewed the route taken by Hughes on the morning of the assault, and conducted a time and distance calculation of Kasey Hughes for the morning of Nov. 11 2018.

He said the total distance traveled was 15.2 miles.

Alax told the court that the specific average speed that would have been required in seven minutes would have been 130 mph for the entire distance from Sunriver to downtown Bend.

Alax said there would have been a lot of acceleration and deceleration throughout the trip, making it impossible at that speed.

He stated even nine minutes at 101 mph in the downtown Bend area would have been impossible.

In response, Hughes took the stand and said he actually left Sunriver for Bend before 3 a.m., the time he said his wife logged off from work.

He said he was extremely emotional that morning and did make mistakes, acknowledging the time discrepancy in his initial recounting of the events.