Former Pullman Police Sgt. Jerry Daniel Hargraves will never be able to serve as a police officer in Washington after his peace officer certification was revoked by the state. 

Hargraves was arrested and charged with first-degree custodial sexual misconduct in 2018 after an incident involving a female WSU student occurred earlier that year. In 2019, Hargraves was tried in court for the charge, which resulted in a mistrial due to a hung jury.

Pullman Police Chief Gary Jenkins said he was required to complete a form and send it to the Criminal Justice Training Commission after Hargraves resigned Nov. 26, 2018.

On the form, Jenkins was required to check a box indicating if Hargraves committed any disqualifying misconduct.

“I did mark that box and let them know that there was disqualifying misconduct so that essentially is what initiated the process for decertification,” he said.

Disqualifying misconduct includes being convicted of a felony, any crime committed under the color of authority, and any crime involving dishonesty or false statement, Jenkins said. It also includes the unlawful use or possession of a controlled substance and conviction of any crime that would disqualify a person from possessing a firearm.

Checking the box does not guarantee a decertification, he said.

“[Hargraves’] would have been under ‘color of authority,’ for committing a crime of custodial sexual misconduct,” Jenkins said.

Committing a crime under the color of authority means committing a crime while in a position of legal authority. In this case, Hargraves was accused of custodial sexual misconduct, which occurs when “the victim is being detained, under arrest, or in the custody of a law enforcement officer and the perpetrator is a law enforcement officer,” according to Revised Code of Washington.

If Hargraves was convicted during his trial, he would have automatically been decertified, Jenkins said. Because he was not, the commission began the decertification process.

The Washington State Office of the Attorney General is in charge of decertification. If the office finds enough information for decertification during its review of a case, it will hold a hearing, he said. During the hearing, the person accused will have an opportunity to defend themselves against the decertification. It is then decided whether or not to decertify the person.  

Hargraves was notified of the process and was given 60 days to ask for a hearing to defend himself against decertification, Jenkins said. but Hargraves did not respond. 

“Essentially he defaulted and then the commission … decertified him,” Jenkins said.

Hargraves was decertified June 16.

“I think this decertification is entirely appropriate,” Jenkins said. ”I think most everyone in law enforcement supports ridding law enforcement of officers who engage in misconduct like this.”