Released after 9 years at sex predator center, man sues, says he was wrongfully held
A man who says he was wrongfully confined to the state’s facility for sexually violent predators for nine years without a civil commitment trial has sued.
Jesse McReynolds pleaded guilty to second-degree attempted kidnapping in 2008. He maintained his innocence but entered the plea with the understanding that he could get credit for time served and be released.
He ended up held at the Special Commitment Center on McNeil Island until 2017 when a judge found the state couldn’t prove he committed a sexually violent act or that the then-34-year-old was likely to.
Now the South King County man has sued the state and individuals involved in his confinement, alleging that the detention violated his civil rights.
A spokesperson for the state Department of Social and Health Services, which runs the Special Commitment Center, said the agency does not comment on pending litigation.
The lawsuit, which seeks unspecified damages, was filed earlier this year and ended up in U.S. District Court in Tacoma late last month.
It gives this account:
Someone tried to kidnap an 11-year-old girl Oct. 17, 2006 in Yakima.
McReynolds was arrested.
He was getting treatment at a nearby hospital at the time of the alleged crime. After about a year in jail he entered an Alford plea — which means he maintained his innocence but believed he’d likely be convicted.
“It was explained to him that he could be credited for time served and would be released from prison,” his lawsuit says. “Although McReynolds did not commit the crime, he wanted to move forward with his life, so he took the Alford Plea on March 11, 2008.”
He remained incarcerated and early in 2009 was taken to the Special Commitment Center while the State Attorney General’s Office sought to have McReynolds committed as a sexually violent predator.
McReynolds’ complaint alleges that he was detained due to a sexually violent predator evaluation, done at the request of the state Department of Corrections, by a consulting psychologist who reviewed his past convictions. Court records show prior charges for communication with a minor for immoral purposes and luring.
The psychologist allegedly wasn’t licensed and did not speak with him or do any tests.
The Special Commitment Center failed to release him in subsequent years, even though he “consistently displayed a low risk for sexual recidivism during his time” there, the lawsuit alleges.
He was released June 26, 2017 when a judge granted his motion for summary judgment.
“The motion for summary judgment stated that there was a lack of evidence that McReynolds committed a crime of sexual violence and he was unlikely to engage in predatory acts of sexual violence,” the lawsuit says.
The Attorney General’s Office told The News Tribune after his release that his appellate decisions led to his long pretrial confinement. He tried to fight his attempted kidnapping conviction before having his civil commitment trial.
Darryl Parker, the attorney representing him in the lawsuit, said Friday: “As I see it, they couldn’t meet any of the criteria for putting him in McNeil at all. I don’t understand how it happened at all, but that’s what they did.”
He also noted the difficulties of defending against involuntary commitment — that it takes attorneys time and money to hire experts to evaluate a client.
“I don’t see how you’re going to be able to get a trial in less than six or seven years,” Parker said. “So if you’re completely innocent and there’s been a probable cause determination, you’re just not going to get out.”
The lawsuit describes the effects of McReynolds’ confinement.
It says “he was placed with sexual predators, causing him extreme emotional distress and physical harm,” and that he “suffers ongoing emotional distress as a result of his arrest, imprisonment and detainment at the Special Commitment Center at McNeil Island.”
McReynolds told The News Tribune after his release: “My goal is to assimilate back into society, continue to work on my support network, finish my education and find a career to try to build a successful life, a good life.”
This story was originally published September 2, 2019 at 6:00 AM.
