SPOKANE, Wash. -- Court documents reveal several red flags about a Spokane apartment where a level three sex offender would be staying.
David McCuistion, 55, was found guilty in 1993 of rape in the third degree, as well as third degree assault, according to a joint release from Spokane County Sheriff's Office and Spokane Police Department. A judge granted McCuistion release in Pierce County, and allowed him to live at the 300 block of West 2nd in Spokane. A judged granted McQuistion's release into the New Washington apartments. However, that came after the Department of Corrections found what they called "grave concerns" about the building and area.
A community corrections officer from Tacoma visited the New Washington apartments back in June. The complex is a place where sex offenders are often sent after their release, according to court documents. But, the Department of Correction had stopped sending offenders there a few years ago.
The officer wrote in court records that there are no signs posted outside indicating that no one under the age of 18 was allowed on the premises. The only signs he saw indicated that visitors are required to be with a resident while they are in the building and referred to the sign-in requirement for guests. According to court documents, the apartment's rules that barred drugs, alcohol and overnight visitors were not enforced. Investigators said that both the property manager and people living there told them that drug use was apparent in the building.
The officer then went to walk around the outside of the building and was approached by a woman who lived in the building and asked the officer if he was looking to move in, not knowing he was an officer. According to court records, the woman let the officer in the building and did not make him sign in as a guest. The officer asked the woman hypothetically if he had a girlfriend while living there if she could spend the night. She told the officer if you got caught having an overnight guest you “might” get in trouble, according to court records. She said if you were really worried about it you could “work it out with the manager” and may have to “pay an extra hundred dollars a month and she could stay whenever she wanted.”
Court documents also revealed that the men running the apartment complex have also been in jail for sex crimes. The property owner Jason Wolfe is a registered sex offender, according to court records. Wolfe was charged with first degree sexual abuse in Oregon and plead to attempted sexual abuse in the third degree, court documents state. The property manager, Patrick Kinchler, is currently under DOC supervision for four counts of child molestation. Court records said he has denied the offenses, has failed multiple polygraphs and has not engaged in any sex offender treatment.
Documents also show that a resident at the New Washington apartments was found dead back in May. Records show the man was found by apartment managers and the responding officers said the man was “dark from decomposition.” People who knew the man said he had been having sex with women from the motel across the street in exchange for drugs, and that as soon as he completed his community supervision, he began using narcotics, according to documents.
Court documents also reveal concerns about where the apartment is located. The officer writes that the apartment complex is across the street from the Downtowner Motel, that appears to be a hotspot for illegal activity. Court records show more than 80 calls for services related to the motel are listed for 2016 alone. The officer was also concerned about eight daycares and schools that are within a one-mile radius of the apartment.
There were also security concerns. Some security cameras at the building were not working. Some building entrances were not monitored, and could be bypassed using these fire escapes, according to documents.
Authorities said at one point McCuistion was committed to McNeilI Island, a place where offenders go after they have served their sentences, but are deemed to dangerous to live among the population. In 1998, a prosecutor motioned to have him civilly committed saying if he is not held in a secure facility he'd be likely to engage in "predatory acts of sexual violence directed toward strangers." The judge at the time agreed and sent him to McNeil Island.
Then in August 2016, McCuistion petitioned the state to be released. The court found that the State failed to prove beyond a reasonable doubt the need for him to stay on McNeil Island. McCuistion was released against recommendations from the department of corrections, the department of health and social services, and law enforcement. Court documents said, "Mr. McCuistion reports that the only reason he wishes to reside in Spokane County is the presence of possible employment as a welder." The court also found "that housing exists that is sufficiently secure to protect the community."