Second brother accused of sexually abusing, torturing 2 female children in Whatcom arrested

This story has been updated

The second man accused of sexually abusing and torturing two female children with his brother over a seven-year span roughly two decades ago in Whatcom County has been arrested in southern Montana.

Aaron Joseph Drake, 33, was arrested Sunday, Sept. 24, and booked into the Yellowstone County Detention Facility in Billings, Montana, where he currently remains.

A nationwide extraditable warrant for Aaron Drake’s arrest was issued Thursday, Sept. 21, out of Whatcom County, The Bellingham Herald previously reported.

Whatcom County prosecutors charged Aaron Joseph Drake and Brian Matthew Drake, who are brothers, with 37 crimes between the two of them last week — all but one of which are felonies and all but two of which are sex crimes, according to Whatcom County Superior Court records.

Brian Matthew Drake, 31, of Bellingham, was charged Sept. 21 with six counts of first-degree child molestation, three counts of first-degree child rape, three counts of first-degree incest, three counts of indecent liberties, one count of second-degree rape by forcible compulsion, one count of second-degree assault, one count of third-degree rape, one count of attempted first-degree child rape, one count of attempted third-degree rape, one count of voyeurism, and one count of intimidating a witness.

Aaron Joseph Drake, 33, of Billings, Montana, was also charged Sept. 21 with four counts of first-degree child molestation, two counts of first-degree child rape, two counts of first-degree incest, two counts of second-degree child rape, one count of second-degree child molestation, one count of third-degree child rape, one count of indecent liberties, one count of voyeurism, and one count of attempted first-degree child rape.

Brian Drake was arrested at his Bellingham residence on Sept. 19. He currently is in the Whatcom County Jail in lieu of $350,000 bail with no cash alternative, which was set at his first appearance in court on Sept. 20.

A sexual assault protection order was put in place between Brian Drake and the two victims, who are now adults. 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.

His arraignment was scheduled for Sept. 29.

Aaron Drake was arrested Sunday, Sept. 24, in Billings, Montana, three days after a nationwide extraditable warrant was issued for his arrest. Yellowstone County Detention Facility officials confirmed Thursday, Sept. 28, that Aaron Drake was arrested Sunday on the Washington state warrant.

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

The state of Washington has until Oct. 25 to request a governor’s warrant of extradition for Aaron Drake, but can request a 60-day extension, according to Chief Deputy Yellowstone County Attorney Christopher Morris.

In between that time, 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, Morris told The Herald by email.

The Whatcom County prosecutor’s office said it is seeking a governor’s warrant to extradite Aaron Drake, according to Whatcom County Senior Deputy Prosecuting Attorney Gordon Jenkins.

“It’s something that’s a relatively high priority for us,” Jenkins said Thursday, Sept. 28.

Aaron Drake is currently incarcerated in the Yellowstone County Detention Facility in lieu of $500,000 bond, which was set at his first court appearance in Montana last week.