Prosecutor decides whether to charge ex-Kennewick mayor with patronizing a prostitute

A former Kennewick mayor won’t be charged with a crime after admitting to police that he paid for sexual services twice at local massage parlors.

Pierce County Prosecutor Mary Robnett concluded in a two-page letter that there is not enough evidence to prove businessman Bill McKay committed the misdemeanor of patronizing a prostitute.

Because of his political connections with McKay, Benton County Prosecutor Eric Eisinger said he refused to talk with McKay or the investigators about the case and later asked the Western Washington prosecutor to review it.

Eisinger told the Herald at the time that he felt it was necessary to have someone from outside Benton County and Kennewick take a look at the information from an hour-long interview McKay had with Kennewick detectives.

McKay told police officials he had been doing a personal investigation of massage parlors for about two years and gave them a list of about 17-20 massage businesses that offered various services ranging from legal massages to illegal sexual services.

Over the course of being questioned, McKay admitted to paying for sexual services.

Kennewick police officials said later they stuck with their standard policy of focusing on tracking down the people who run illicit massage businesses rather than on customers.

Still, police turned over all investigation materials involving McKay to Robnett, who worked as a deputy prosecutor in Tacoma and spent nearly six years as an assistant U.S. Attorney General in the Sexually Violent Predators unit.

Robnett said they reviewed the police reports, correspondence, recordings, notes and other attachments.

“Additionally, I received a phone call briefing from Kennewick Police Department Commander (Aaron) Clem and was able to ask questions,” she wrote.

Robnett explained that there are two problems with charging McKay with patronizing a prostitute.

• McKay never admitted to going into the massage parlors looking to pay for sex.

• His statements alone would not be enough to charge him.

Massage parlor investigation

An investigation by the Chelan and Douglas counties-based Columbia River Drug Task Force led to a suspected illicit massage parlor on Clearwater Avenue.

The day before Kennewick police were scheduled to participate in a March 1 search of the business, McKay told the Kennewick police Chief Chris Guerrero about his “investigation” but didn’t admit to any wrongdoing.

About two weeks later McKay met with city detectives who told him that some massage parlor businesses use cameras to record interactions. When they pressed him on whether his account would match the video, he admitted to “sexual contact with massage parlor employees on two occasions,” Robnett wrote.

However, task force detectives never found video footage, records or witness accounts to corroborate McKay’s statements about what he says happened inside the business.

Patronizing a prostitute crime

The crime of patronizing a prostitute is a misdemeanor and carries a potential sentence of up to 90 days in jail.

To prove the crime, it requires “a payment of a fee pursuant to an understanding that in return the person will engage in sexual conduct with him.”

“Mr. McKay admitted paying for massage, but denied knowing the sexual conduct would be involved,” Robnett wrote. “Mr. McKay denied knowing that sexual conduct would be involved in these encounters and with no cooperative victims or witnesses, there is no evidence to the contrary.”

Even if there was enough evidence to show he had an agreement to pay for sexual services, his confession would not be enough, she wrote.

Washington state law requires independent proof of a crime beyond just a confession, Robnett wrote, quoting a 1990 state Supreme Court case that set the requirement.

Police officials have said that the additional information is notoriously hard to get. There would need to be video showing him receiving an illegal service or witness testimony.

“Despite very diligent efforts, the investigators and detectives have not been able to establish independent evidence of the crimes,” she wrote.

“The detectives have been unable to locate records, recordings or any other evidence to corroborate Mr. McKay’s confession. Accordingly, we are declining to file criminal charges against him at this time.”

Two owners of the Clearwater massage business were charged with a crime in Chelan County but have not been arrested. Investigators believe they’ve fled the country.

McKay resigned from the city council on Nov. 7 as information about his admissions was about to be made public.