Man caught in Tri-Cities ‘Net Nanny’ sting freed after WA Supreme Court decision
A 76-year-old former Hanford employee caught in a 2017 “Net Nanny” sting is going free after a years-long legal battle.
The Washington State Supreme Court sided with Douglas Arbogast, saying in a split decision that he should have been allowed to argue he was entrapped by detectives.
Arbogast was one of 26 men arrested in a five-day operation led by the Washington State Patrol’s Missing and Exploited Children Task Force. It targeted online predators who used various websites in an effort to have sex with children.
Arbogast told the detective posing as the mother of two teens that he would teach her children about sex, according to court records.
While Arbogast admitted to investigators that he made mistakes, he also said he was playing along with the woman in hopes of having sex with her and didn’t plan on having sex with the children.
Benton County Superior Court Judge Cameron Mitchell didn’t allow him to use the defense that he had been entrapped by police.
The Washington state Court of Appeals and then the state Supreme Court disagreed with that ruling, and granted Arbogast a chance at a new trial.
Instead of another trial, Arbogast recently pleaded guilty to attempted first-degree child molestation.
As part of the agreement, prosecutors agreed to recommend a sentence of three years, which he’s already served. That is below the nearly four-year minimum he could have faced for the crime.
“The state believes that this resolution shall hold the defendant accountable, protect the community and best serve the interests of judicial economy,” Deputy Prosecutor Laurel Holland wrote in a statement about the sentence.
Arbogast was originally sentenced to 7 1/2 years after being convicted of attempted first-degree child rape and attempted second-degree child rape.
It was one of the longest sentences for the 22 men convicted since the “Net Nanny” arrests.
Arbogast continued to take responsibility for trying to meet up with an 11-year-old girl and a 13-year-old boy in Richland.
“I know that my actions were wrong,” he said during his recent sentencing. “I appreciate the prosecutors understanding that more prison time is not necessary.”
Arbogast suffers from several serious medical issues, including multiple sclerosis, his attorney Patricia Fulton said.
Net Nanny sting
The Tri-Cities community was shaken in the summer of 2017 by the arrest of 26 men in the five-day sting operation.
The multi-agency effort was led by the Washington State Patrol’s Missing and Exploited Children Task Force, and included 45 local, state and federal law enforcement officers and prosecutors.
Detectives posted ads in the now-defunct “Casual Encounters” section on Craigslist. The section was intended to allow adults to meet up for “no-strings attached sex,” according to court documents.
The ads featured either fictional children or parents arranging for men to have sex with children. When the men showed up for sex, they were arrested.
In all, 18 men pleaded guilty to some combination of attempting to rape a child, child molestation or communication with a minor for immoral purposes. The majority received about five years in prison.
Arbogast’s trial was one of four and resulted in the second longest sentence.
Four men are still awaiting trial or some sort of resolution to their cases.
Aaron D. Hagerty, Gregory B. Taber and Gabriel Saenz have trial dates scheduled. Ali Almafoodh is wanted after not showing up for a December 2020 hearing.
Conversation with the detective
Arbogast’s appeals and Supreme Court cases revolved around the conversations he had with the undercover detective when he responded to what was described as a cryptic ad with connotations of a woman wanting to watch children having sex.
The two began texting each other with “Brandi” suggesting she wanted a teacher to help them with sex. She also told him that she wasn’t interested in sex with men, according to court documents.
Arbogast initially responded that he’d never “done that” and that he just wanted to be with mom.
When she said she wasn’t interested in that, Arbogast replied, “I can be good with them. Just never thought about it that way.”
They continued to text for the next hour and 40 minutes about what “Brandi” wanted for her children and whether he was willing to provide it.
At the trial, prosecutors noted that Brandi suggested several sexual acts that he could do with the children and he didn’t rule any of them out.
“The state pointed to several times when Brandi told Mr. Arbogast that she would not be involved — this was for her children,” according to court documents. “Mr. Arbogast claimed that he still believed that sex with Brandi was a possibility.”
He believed that because the detective sent him a picture of an adult woman wearing lingerie, said court documents.
He was arrested when he went to the apartment to meet with the mom.
A search of his phone didn’t turn up any evidence of looking to have sex with children, according to court records.
He agreed to questioning using a polygraph that showed he didn’t have any previous sexual contact with children, and no evidence of child pornography was found on his phone.
At his trial, Arbogast’s attorney wanted admit the results of the polygraph, his lack of criminal history, and tried to argue that Arbogast was entrapped by police.
When he testified at his trial, he said he wanted to have sex with “Brandi” and despite her putting him off, he believed he could convince her.
He was found guilty and sentenced, but the state Court of Appeals overturned the conviction saying the jury should have been allowed to hear the entrapment defense.
Prosecutors appealed but the Supreme Court agreed.
While parental consent is not a justification for rape, it should have been up to a jury to decide if police went too far, the state Supreme Court ruled.
