Charges amended in case against Whatcom brothers accused of years-long child sex abuse

While awaiting a governor’s warrant to bring one of the men from Montana back to Washington state, Whatcom County prosecutors have amended the charges against two brothers accused of sexually abusing and torturing two female children over a seven-year span roughly two decades ago.

Prosecutors originally charged Brian Matthew Drake and Aaron Joseph Drake in late September with 37 crimes between the two of them. All but one of the crimes were felonies and all but two were sex crimes, according to Whatcom County Superior Court records.

On Sept. 28, Whatcom prosecutors filed amended charges against the Drake brothers, dropping 12 of their original charges, court records show.

Brian Matthew Drake, 31, of Bellingham, is now facing six counts of first-degree child molestation, three counts of first-degree child rape, two counts of first-degree incest, one count of second-degree rape and one count of attempted first-degree child rape. All of the charges, which are felonies, include an aggravating factor that alleges that the crimes were part of an ongoing pattern of sexual abuse of the same victim under the age of 18 manifested by multiple incidents over a prolonged period of time.

Aaron Joseph Drake, 33, of Billings, Montana, is now facing four counts of first-degree child molestation, two counts of first-degree child rape, two counts of second-degree child rape, one count of first-degree incest, one count of third-degree child rape, one count of second-degree child molestation and one count of attempted first-degree child rape. All of his charges, which are felonies, also include the aggravating factor alleging an ongoing pattern of sexual abuse over a prolonged period of time, the court records state.

The sexual abuse, which occurred from 2002 and 2009 in the Marietta-Alderwood area of Whatcom County, began when the two female children were between the ages of 4 and 11. The girls, who were known to the Drakes, are now in their mid- to late-20s.

Nine of Brian Drake’s original charges were dropped, including the charges alleging the sexual abuse of one of the women, who is now in her late 20s. She had previously told detectives that she was abused by Brian Drake as a child when she was between the ages of 11 and 16, The Bellingham Herald previously reported.

Aaron Drake, who had three of his original charges dropped, is still charged with the sexual abuse of the woman who is now in her late 20s, court documents show.

Whatcom County Senior Deputy Prosecuting Attorney Gordon Jenkins said Friday, Oct. 13, that there were a variety of reasons the charges against the Drake brothers were amended, but said most of the changes are related to statute of limitations issues.

The statute of limitations is also what led to many of the charges involving the abuse of the second child filed against Brian Drake to be dropped, Jenkins said. He declined to comment further on the cases against the Drake brothers.

Brian Drake pleaded not guilty to the amended charges in court Sept. 29. His jury trial is tentatively scheduled for Nov. 20.

He is currently incarcerated in the Whatcom County Jail in lieu of $350,000 bail with no cash alternative.

If Brian Drake posts bond and is released from custody, he will not be allowed to have contact with anyone under the age of 18.

A sexual assault protection order was also put in place between Brian Drake and the two victims.

The Herald has reached out to Brian Drake’s defense attorney for comment.

Governor’s warrant

Aaron Drake, who has yet to make his first court appearance in Washington, is currently incarcerated in a detention center in Montana.

A nationwide extraditable warrant for Aaron Drake’s arrest was issued Sept. 21 out of Whatcom County. He was arrested three days later, on Sept. 24, and booked into the Yellowstone County Detention Facility in Billings, Montana, where he currently remains.

Aaron Drake made his first appearance in Yellowstone County Justice Court on Sept. 25. He refused to waive extradition at the hearing, meaning he did not consent to be voluntarily transferred from Montana to Washington, The Herald previously reported.

The state of Washington has until Oct. 25 to request a governor’s warrant to extradite Aaron Drake, but can request a 60-day extension.

In between now and Oct. 25, Aaron Drake could decide to waive extradition; to challenge identification, arguing that he is not the person Washington state is seeking, or Washington state could drop the extradition warrant, Chief Deputy Yellowstone County Attorney Christopher Morris told The Herald.

Jenkins said Friday that the Whatcom County prosecutor’s office is currently preparing a packet requesting a governor’s warrant for Aaron Drake, and expects to send it to Gov. Jay Inslee for approval next week. He said they would request an extension of time if necessary.

Aaron Drake’s next court appearance on the warrant matter is Oct. 25 in Yellowstone County, Morris, the Montana prosecutor, said.

Additional case

In addition to the Washington state case, Aaron Drake is also facing a child sex crime case in Montana.

At the time the Whatcom County charges were filed against Aaron Drake, he was awaiting trial in a Yellowstone County District Court case in Montana.

Yellowstone County prosecutors charged Aaron Drake with one count of sexual intercourse without consent in late July 2022. Prosecutors also included the alternative crimes of one count of sexual assault that inflicts bodily injury or the victim is less than 16 years old, and two counts of assault with a weapon, according to Montana court documents.

Yellowstone County prosecutors allege that Aaron Drake molested a female child when she was around 7 or 8 years old. The female child, who is known to Aaron Drake, disclosed the sexual abuse during an interview with police regarding a separate incident, according to court records.

The female child, and several additional children, were interviewed by law enforcement in Montana after Aaron Drake’s ex-wife reported an incident in late April 2022 in which Aaron Drake allegedly pointed a gun at several children who were in his home at the time.

Prosecutors allege that an argument occurred during a meal in late April 2022, which resulted in Aaron Drake locking one of the children out of the home. The child told law enforcement that Aaron Drake then came outside and hit them with a belt, the court documents state.

Several of the other children in the home told law enforcement that Aaron Drake had initially grabbed a gun to take outside, but grabbed a belt instead.

When Aaron Drake came back inside, he then used the belt to threaten suicide, court records state.

The children also told law enforcement about another incident, which occurred sometime between March and April 2022, in which Aaron Drake allegedly pointed a separate firearm at two of the children while they were fighting.

In interviews with detectives, Aaron Drake denied molesting the girl, but did not dispute much of the circumstances surrounding the other incidents, the Montana court documents show.

Aaron Drake allegedly told detectives of “a long history with thoughts of self-harm, anger issues and impulsive behavior,” and said “’fight or flight’ was to blame for his grabbing the gun,” the records state.

Aaron Drake denied hitting the child with a belt, and told detectives he had hit the porch railing instead. He also denied pointing a gun at any of the children, according to the records.

Aaron Drake has pleaded not guilty to the charges in the Montana court case, according to reporting from The Billings Gazette.

He was released on a $50,000 bond related to the Montana case in late July 2022, according to the Gazette and Yellowstone County prosecutors. He remained out of custody until his arrest in late September.

Aaron Drake’s next court appearance in the Montana case is scheduled for Nov. 14 in Yellowstone County District Court. His jury trial has tentatively been set for Nov. 27.

It’s possible that Aaron Drake may have to resolve his charges in Montana before being extradited to Washington state to face the sex crime charges against him here.

It’s unclear whether or when Aaron Drake may appear in a Washington state court.

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.