A Spokane Superior Court jury did not reach a verdict Nov. 14 on the second-degree rape charge against Kevin A. Thompson.
Thompson, 21, was arrested last year after a sexual assault incident that occurred near Whitworth.
The second-degree rape charge came back as a hung jury. A hung jury occurs when jurors are dead-locked and cannot unanimously agree on a verdict of either guilty or not guilty.
Thompson may be retried on the second-degree rape charge if the state decides whether or not to continue prosecution of the case, Thompson's attorney Scott Staab said in an e-mail interview.
The jury did find Thompson guilty of possession of a controlled substance with intent to deliver. The jury did not find him guilty of the original charge of first-degree burglary but found him guilty of a lesser charge of first-degree criminal trespass, according to court documents.
The sentencing hearing is scheduled for Nov. 26, and a retrial is scheduled in January, according to court documents.
Detectives believe Thompson entered an unlocked home on North Waikiki Road sometime after midnight on Nov. 1, 2007 and sexually assaulted a 21-year-old female Eastern Washington University student inside. Thompson used to attend Eastern Washington University. Other residents in the house were Whitworth students.
Thompson pleaded not guilty to a Spokane Superior Court judge during his arraignment last November.
The original charges in the sexual assault case of State v. Kevin A. Thompson were amended early November of this year prior to the pre-trial motions and jury selection commencement Nov. 4, according to court documents.
The original charges against Thompson was first-degree rape and possession of a controlled substance with intent to deliver. Deputy prosecuting attorney Edward Hay amended the previous counts to three felonies: second-degree rape, possession of a controlled substance with intent to deliver and first-degree burglary.
Though the rape charge was changed, both first-degree rape and second-degree rape are class A felonies and the net sentencing effect is likely small, prosecuting attorney Edward Hay said in an e-mail interview. The added count of first-degree burglary covered felonious entry needed to convict someone of first-degree rape, so the jury has more alternatives from which to choose, he said in the e-mail.
The lowered charge of first-degree rape to second-degree rape brings a lesser punishment if convicted. Someone convicted of first-degree rape has a three-year minimum prison sentence, according to the Washington State Legislature.
Contact Yong Kim at yong.kim@whitworthian.com.
Thompson trial results in hung jury
Published: Sunday, November 23, 2008
Updated: Saturday, February 28, 2009 13:02
Be the first to comment on this article!