No criminal charges to be filed against Bellingham police sergeant accused of abuse

The Skagit County Prosecuting Attorney’s Office has declined to file charges against a Bellingham Police Department sergeant accused of domestic and sexual violence of a woman known to him.

Skagit County senior deputy prosecuting attorney Branden Platter declined to file criminal charges Tuesday, May 21, against Bellingham Police Sgt. Joshua Richard McKissick, 44.

Platter, who was assigned the case May 8, said the case involved allegations of sexual assault and criminal harassment, which included threats of bodily harm.

“I did not find sufficient evidence to support any criminal charges of either harassment or any crimes of sexual assault. I have notified Lynden Police Department and the Whatcom County Prosecutor’s Office that I have declined filing any charges in this matter,” Platter told The Bellingham Herald on Tuesday.

The Whatcom County Prosecuting Attorney’s Office sent the case and any potential charging decisions to Skagit County due to conflicts of interest, Whatcom County Prosecuting Attorney Eric Richey said.

“We determined there was a conflict of interest in this case and sent it to Skagit for a complete review,” Richey said.

The prosecutor’s decision declining to file criminal charges against McKissick comes just before a follow-up court hearing in which a Whatcom County Superior Court commissioner is expected to decide whether to grant a permanent two-year domestic violence protection order sought by a woman who has come forward alleging McKissick abused her. The hearing originally was scheduled for May 22 but was rescheduled to June 17 at the last minute due to an illness.

The commissioner will also likely decide at the hearing whether to grant an order prohibiting McKissick from possessing weapons.

Temporary domestic violence protection and weapons surrender orders issued by the court have been in place against McKissick since Feb. 26. The hearing for the protection order requested was postponed twice — once in March and again in April — in part due to issues and timelines affecting evidence.

The hearing for the permanent order began May 9 and included roughly two hours of testimony from the woman. The continuation of that hearing is scheduled for Thursday.

It is Bellingham Herald policy to avoid identification of victims of domestic and sexual violence when possible.

The Herald has reached out to attorneys for McKissick and the woman for comment.

“We are aware that the Skagit County Prosecuting Attorney’s Office has declined to file charges against Bellingham Police Department Sergeant McKissick,” Janice Keller, a city spokesperson, said in a statement to The Herald. “An internal administrative investigation is still underway. Sergeant McKissick remains on paid administrative leave, in accordance with City and Bellingham Police policy.”

Administrative leave

McKissick has been on paid administrative leave from the Bellingham Police Department, in accordance with department policy, since Feb. 27, following the court-ordered weapons surrender and temporary domestic violence protection orders.

McKissick had previously been removed from patrol duties and placed on administrative desk duty Dec. 6 after Bellingham police became aware of a report made to another law enforcement agency alleging McKissick had perpetrated domestic and sexual violence against a woman known to him.

An internal administrative investigation into the allegations was also launched the same day, The Herald previously reported.

The Lynden Police Department handled the criminal investigation into the allegations against McKissick, while the Everett Police Department was asked to conduct the internal administrative investigation.

The internal administrative investigation had been placed on hold until after the criminal investigation had been completed by Lynden police. The Herald has asked for an update on the status of the internal administrative investigation.

Everett police is handling the administrative investigation on Bellingham police’s behalf to avoid any appearance of bias.

Lynden police’s criminal investigation, which started in February, was completed the last week of April. The case file was then sent to the Whatcom prosecutor’s office for review and a determination of possible charges, before it was then conflicted out to the Skagit prosecutor’s office.

Further involvement from Lynden police is not anticipated at this time, unless the department is asked to conduct additional follow-up from the Skagit County prosecutor’s office, according to Lynden Police Chief Steve Taylor.

History with department

McKissick has been employed with the Bellingham Police Department since February 2007, according to public records obtained by The Herald.

He was promoted to sergeant in February 2021, according to previous posts on Bellingham police’s Facebook page.

McKissick was also a member of Bellingham police’s SWAT team in October 2015, according to Herald archives.

A city of Bellingham spokesperson declined to answer The Herald’s repeated questions regarding McKissick’s hire date, rank, duties while in that rank, and whether he’s still a member of the SWAT team. Court documents filed in the case show McKissick was still performing SWAT duties as of July 2023.

In a fall 2019 edition of a city of Bellingham newsletter it was stated that McKissick became a neighborhood officer in 2019. He was responsible for 13 neighborhoods north of Whatcom Creek, according to the newsletter.

McKissick also provided a wide variety of safety-related training on various topics, such as de-escalation, active shooter response and workplace and personal safety training. He also did work with the then-mayor’s neighborhood advisory commission, according to the newsletter.

Allegations

The woman’s request for a protection order alleged a wide range of concerning behaviors, including:

▪ McKissick has struggled with mental illness, suicidal ideation and hallucinations, including while at crime scenes. He has also allegedly struggled with alcohol abuse and has made comments that he could kill someone and they would never be found, according to court records.

▪ McKissick has threatened suicide in the past, and has allegedly fantasized about driving off the road after his shifts or sat with a firearm on his lap and contemplated shooting himself multiple times.

▪ McKissick has hallucinated his face or the faces of people he knows while at crime scenes.

▪ McKissick sexually abused the woman and controlled her, including her actions and finances. Following the abuse, McKissick allegedly said “he knows how to kill someone and their body would never be found,” according to court records.

▪ McKissick would act out sexually violent fantasies. The woman said the violence would be severe, and that she’s been in therapy for several years in an attempt to address and heal from the abuse.

▪ McKissick allegedly subjected the woman to a “significant amount” of emotional abuse in 2022.

“I am concerned that without support, (McKissick) is a danger to himself and others,” the court documents state.

The city declined to answer The Herald’s initial repeated questions regarding whether Bellingham police were aware of the woman’s concerns or whether the department is concerned for McKissick’s safety and well-being.

Response to allegations

In a 238-page response to the woman’s allegations filed with the court, McKissick denied that he has ever sexually or physically abused the woman or controlled her. He also denied the remainder of the woman’s accusations.

“I never threatened or talked to (the woman) in any way to cause her fear of harm,” McKissick’s response states.

The woman “has made a wide range of claims in her police reports and affidavits and none of them are true. Nearly all of them are non-specific in nature and vague. What (the woman) has done is take a small thread of a comment, manipulate, and expand it into a false narrative,” McKissick said in his response.

McKissick denied the woman’s accusations that he has been suicidal; that he has visions or hallucinations, including while at crime scenes; or that he has fantasized about driving off the road.

“I have never hurt myself. I have never hurt my children. I have never hurt (the woman),” McKissick said in his response.

In 2021, McKissick responded to a child death investigation where the victim “had a strong resemblance” to someone McKissick knows. He later told the woman the call was difficult, and that it made him reflect on how precious the lives of his loved ones were. He denied that he’s had any visions, dreams or hallucinations about the incident, court documents state.

McKissick also said he’s never fantasized about driving off the road, but has expressed concern to the woman that he may fall asleep while driving home after working a night shift.

McKissick reiterated that he’s never been suicidal, and that he’s been diligent about “maintaining my mental well being.” He said he uses various ways to stay mentally well, including exercise, reading, church, Bible study, wellness targeted podcasts, yoga, friends, journaling and peer support methods. McKissick said he has also participated in therapy and continues to do so “to bolster the other methods of maintaining mental wellbeing,” according to court records.

McKissick’s response states that any sexual activity between him and the woman was consensual. McKissick said it “was so confusing” to him when the woman came forward with allegations of abuse, including past statements she made regarding being uncomfortable with their sexual activities, court documents show.

McKissick also denied that he abuses alcohol. He said he has never shown up to work intoxicated, had any work performance problems, has never been arrested for an alcohol-related offense and stated he works with people trained in detecting intoxication. As part of his response, McKissick also included his work attendance records showing the times he was away from work.

“These allegations seem to be made to continue to paint me in a bad light,” McKissick’s response states.

In response to the woman’s allegations that he has made comments about knowing how to kill someone and hide their body so they won’t be found, McKissick said that in the past, when he has watched crime documentaries with the woman, he would comment on how “criminals are idiots.” He said he also made comments that a suspect was dumb for taking his phone with him.

McKissick said that with work colleagues, he discusses the ways in which people who commit crimes are caught, and said that criminals are often caught because they make mistakes. McKissick said this a “routine discussion regarding investigative methods,” according to court records.

McKissick stated he was becoming “increasingly concerned” with the woman’s “reactive hostility” throughout separate other court proceedings the two are involved in. He said the further he’s tried to distance himself, the more hostile she’s allegedly become, the court documents state.

“I am fearful of (the woman) because of her behavior. I have not had contact with (the woman) in person, phone calls or text messages since early December 2023 and yet she continues to do anything she can to ruin my relationship with my children, my reputation, and my career. I believe (the woman) will stop at nothing in her attempts to try to destroy my life and when I do not react to her, she continues to escalate looking for a reaction,” McKissick stated in his response.

Phone call

McKissick’s response alleges that the woman told him in a phone call between the two of them in September that “she was going to ruin” his life. McKissick said the woman told him she would take his children from him, that she would call the police and say he drove drunk with children in the car, that she would damage his reputation and career and she would be his “worst nightmare,” according to court records.

McKissick said he made detailed notes immediately following the phone call with the woman, and that he then reached out to his superiors through his chain of command to notify them of the phone call, court documents state.

A late February 2024 email from a deputy chief with Bellingham police recalling McKissick notifying him of the phone call is attached as an exhibit to McKissick’s response and was submitted to the court for review in determining whether to grant the woman’s two-year protection order.

The email states that while the deputy chief did not recall the exact wording McKissick used to inform him of the phone call with the woman, he did remember that McKissick told him the woman said she would “destroy” McKissick, ruin his reputation and make McKissick pay for everything.

“So although I can’t recall the exact wording, it was conveyed to me in a manner that made me think that since you were actually moving forward, she was going to go scorched earth and make you the villain,” the deputy chief’s email states.

When McKissick called the deputy chief in September to notify him of the phone call, McKissick “made it quite clear” he was calling in a work-related capacity, the email states.

McKissick’s response to the woman’s domestic violence protection order petition also alleges the woman knew that law enforcement policy requires any allegation of domestic violence made against a department employee be investigated, and that the agency would put the accused person on administrative or reassignment leave in accordance with department policy.

“The Petitioner knew that simply an allegation of domestic violence would have a significant impact on my career as a law enforcement officer,” McKissick wrote in his response.

“I wanted nothing more than to be free from her and move on with my life,” the court records state.

McKissick has alleged the domestic violence allegations and petition for protection were filed after separate court proceedings between him and the woman soured. In a March interview with Lynden police, McKissick told a detective he felt “like I’m being legally abused,” court documents state.

McKissick also provided numerous character references from family and friends, including a Seattle Fire Department firefighter, a longtime Bellingham Police Department employee and a Whatcom County Sheriff’s Office employee.

All stated they had never observed or suspected McKissick of aggression or abusive behavior or alcoholism, the court documents show.

Editor’s note (1:30 p.m. May 22): This article was updated to include a comment from Janice Keller of the city of Bellingham.

Resources

▪ Brigid Collins Family Support Center: 360-734-4616, brigidcollins.org

Brigid Collins Family Support Center professionals are on-call between 10 a.m. and 2 p.m., Monday through Friday, to answer questions about children, families, abuse prevention or treatment at (360) 734-4616.

▪ Child Protective Services: Washington state hotline for reporting child abuse and neglect, 866-829-2153.

▪ Domestic Violence & Sexual Assault Services: 24-hour Help Line: 360-715-1563, Email: info@dvsas.org.

▪ Lummi Victims of Crime: 360-312-2015.

▪ Tl’ils Ta’á’altha Victims of Crime: 360-325-3310 or nooksacktribe.org/departments/youth-family-services/tlils-taaaltha-victims-of-crime-program/

▪ Bellingham Police: You can call anonymously at 360-778-8611, or go online at cob.org/tips.

▪ WWU Consultation and Sexual Assault Support Survivor Advocacy Services: 360-650-3700 or wp.wwu.edu/sexualviolence/.

If you or a child is in immediate danger, call 911 and make a report to law enforcement.

To report child abuse or neglect call 1-866-END HARM.