Internal records provide new details on the allegations of sexual misconduct against former Pullman Police Sgt. Dan Hargraves, including numerous department policy violations, private lie detector test results and the role of the WSU Police in the case.
An 18-year-old woman, a WSU freshman at the time, accused Hargraves in April of abusing his authority to compel her to engage in oral sex to avoid arrest for alleged underage drinking. Investigators later matched semen on her shirt to his DNA and arrested him on Oct. 30.
He resigned on Nov. 26 and has pleaded not guilty to first-degree custodial sexual misconduct. A detailed timeline can be found below.
In the resulting internal affairs investigation, Pullman Cmdr. Chris Tennant cited evidence of as many as nine policy violations. The Nov. 27 report, obtained by Whitman County Watch through a public records request, lists violations ranging from improper body camera usage to potential kidnapping.
“Due to the nature of the sustained policy violations,” Tennant wrote, “there is no amount of ‘discipline’ that can change the behavior and restore confidence in Hargraves’ professional performance. Therefore, termination is the only viable option.”
Police Chief Gary Jenkins noted his agreement and announced he would petition the state to decertify Hargraves as an officer. The state commission recently clarified it would await the trial outcome.
The internal affairs investigation focuses on offenses that violate the department’s employee policies. A “sustained” finding must be proven by “preponderance of the evidence,” a lower standard than the “beyond reasonable doubt” required for criminal prosecution.
Most of the internal affairs report reflects the timeline and evidence previously assembled during the Washington State Patrol’s criminal investigation. Tennant reported he also reviewed radio logs and officer-worn body camera footage to check for signs of Hargraves on duty.
“(T)here were seven calls for service during the questionable time period and Sgt. Hargraves did not go to any of them, based on the lack of digital evidence,” Tennant wrote. “I viewed all (body camera) videos for every officer … and there is no viewing of Sgt. Hargraves in any of them.”
The report includes radio and instant messaging transcripts that show no activity from Hargraves during the time of the reported misconduct from about 12:45-2 a.m. on March 31.
Tennant also issued sustained violations for lack of competent job performance, harming community relationships and failing to uphold the “dignity, human rights and constitutional rights of all persons.”
Internal investigation records also outline how WSU Police helped document the night in question. While the Pullman and WSU departments operate independently, they often cross jurisdictions near campus and routinely provide mutual aid.
When the student first came forward, investigators discovered WSU Police Sgt. Matt Kuhrt had separately contacted her for her alleged underage drinking. The State Patrol detective quickly cleared Kuhrt as a suspect “due to his consistent activity documented throughout his shift, especially the questionable time frame.”
Kuhrt reportedly talked to the student outside her dorm in between the two times Hargraves allegedly contacted her. Investigators report Kuhrt recorded his interaction via body camera, called in a second officer for support and notified dispatch. He later filed a minor in possession citation.
His citation against the WSU student went to a Student Conduct hearing on April 4, records show. It appears the student may have believed the citation resulted from her interaction with Hargraves and she later told investigators he had lied about what happened.
“(She) said she was upset over the officer’s report she had read, because it was not true and she did not want this to happen to anyone else,” an investigative report states.
The student reported Hargraves’ alleged sexual assault to the WSU Office of Equal Opportunity on April 5, launching the initial criminal investigation. She later provided cellphone tracking data, handed over clothing from the night and picked out a photo of Hargraves.
A timeline of the investigation shows Hargraves quickly invoked his right to remain silent while his attorney repeatedly delayed efforts to meet with investigators or provide evidence. State Patrol Det. Larry McGill interviewed the other four Pullman officers working the night of the incident: officers Shane Emerson, Alex Gordon, Ruben Harris and Wade Winegardner. None noted anything suspicious.
In his report, McGill did note a “strange” exchange with the Pullman Police guild president Scott Patrick prior to the interviews, in which Patrick reported told him he was “not going to get anything out of these guys.” A separate investigation found no wrongdoing.
On May 24, Hargraves’ lawyer provided investigators with a polygraph test in which Hargraves denied sexual contact with the student or anyone else while on duty.
Hargraves also refused through his attorney to provide a voluntary DNA sample in June, records show. It took another month to get a warrant to compel a sample. The attorney then pushed for a third-party lab to conduct the analysis, which the State Patrol and Whitman County prosecutor declined.
The State Patrol forensics lab matched the semen on the student’s shirt to Hargraves on Aug. 14. McGill sent his investigative report to the Whitman County Prosecutor’s Office on Sept. 28. That office issued an arrest warrant a month later, on Oct. 29.
Hargraves remained on desk duty for about four months throughout the investigation. Jenkins said Hargraves could not interact with the public, but he set patrol schedules and handled other administrative tasks. Records show he also oversaw one internal affairs case, in which another officer missed a shift.
“If it was an investigation that involved the public, we likely would not have assigned that to him,” Jenkins said, “but it was an internal policy violation type of thing.”
Regardless of the outcome at trial or any decertification by the state, Jenkins said Hargraves will likely receive his full pension for his 19 years with the department. The state retirement rate suggests Hargraves would receive a pension of about $3,000 a month based on his final salary rate of $8,116 per month.
Records also acknowledge technical difficulties the Pullman Police Department has had with new dashboard and rear seat cameras in patrol cars. Those Axon cameras were first installed in 2017, but Jenkins said some problems have disrupted usage.
The cameras would sometimes activate automatically without need, Jenkins explained. The department took the cameras off-line during the time of the alleged Hargraves incident. He said the cameras are now back up in all patrol cars, but officers must activate them manually.
Department policy requires officers to record transportations of any “adversarial” subjects such as arrestees. Jenkins said the policy may be expanded to include all transports such as the reported courtesy transport Hargraves gave the WSU student.
But in-car cameras may not have made a difference in this case, considering Hargraves still violated the other existing policies for recording contacts via body camera.
“The bottom line is we have policies — and we had policies — in place to address some of the actions that occurred,” Jenkins said. “He violated those policies.”
••• Updated on Feb. 11 with specific salary and estimated pension rates. •••
Timeline of alleged events and legal proceedings
March 30
11:46 p.m.
Sgt. Hargraves spots the student along Cougar Way. He contacts her and transports her to her dorm. He does not advise dispatch of the contact or record the encounter via body camera. She arrives at her dorm just before midnight.
March 31
12:20 a.m.
WSU Police Sgt. Matt Kuhrt sees the student, apparently intoxicated, outside the dorm. He contacts her for a welfare check and turns on his body camera. He also calls a second officer, runs the woman’s name through dispatch and notifies the student he will be filing a Minor in Possession-exhibiting citation.
She returns to the dorm at 12:26 a.m.
12:40 a.m.
Hargraves hears Kuhrt run the student’s name over the radio. Hargraves speaks with Kuhrt in person, mentioning his previous encounter with the student. Security camera footage shows Hargraves driving toward her dorm at 12:45 a.m.
12:47 a.m.
Cellphone data shows the student leaving her dorm. She tells investigators Hargraves confronted her outside the dorm, saying, “You disobeyed me. I told you to not leave your dorm before. Now, I have to take you to the station because you didn’t obey my orders.” He puts her, uncuffed, in the back of his patrol car.
A few minutes later, her cell phone stops near Reaney Park. She tells investigators she asked what she could do to avoid arrest. Hargraves allegedly pulls over, tells her to get down on her knees and she performs oral sex.
1:01 a.m.
Cellphone data shows her leaving the park. The student tells investigators Hargraves asked where to drop her off, but drove around for nearly an hour before letting her out. She arrives at a friend’s place at 1:58 a.m.
April 4
Kuhrt citation goes before a Student Conduct hearing.
April 5
The student contacts the WSU Office of Equal Opportunities to report the alleged sexual misconduct. Since she interacted with two police officers, both Hargraves and Kuhrt get put on leave. Washington State Patrol later takes over the investigation.
April 17
Hargraves, via his attorney, invokes his right to remain silent until he can further consult with his attorney.
April 18
WSP Det. McGill interviews the student and Kuhrt. She identifies Hargraves from a photo on the city website. She also surrenders the clothing she wore March 30 as evidence. Kuhrt is ruled out as a suspect due to extensive documentation of his actions during the time in question.
May 24
Hargraves’ attorney provides a statement and formally invokes Hargraves’ right to remain silent. He also provides the results of a polygraph test in which Hargraves denies any sexual contact.
June 11
A forensic scientist finds sperm on the student’s clothing and investigators seek a search warrant for Hargraves’ DNA after he declines to provide a voluntary sample.
July 12
After receiving search warrant for Hargraves’ DNA, McGill collects DNA sample from Hargraves at the State Patrol’s office.
August 14
DNA comparison shows a match between the clothing sample and Hargraves.
September 28
WSP forwards findings to the Whitman County Prosecutor’s Office.
October 30
WSP arrests Hargraves at the Pullman Police Department.
November 26
Hargraves submits his letter of resignation, the day before he would otherwise be ordered to undergo questioning for the department’s internal investigation.
Upcoming, March 4 (Updated: Trial started Sept. 9)
Hargraves is currently scheduled for a jury trial on the charges. He has pleaded not guilty.