Whatcom prosecutors have dropped child molestation case against ex-police officer. Here’s why

The criminal case against a former Ferndale Police Officer accused of soliciting sex with the 12-year-old daughter of a woman he met while responding to a 911 call has been dismissed.

On Monday, Feb. 6, Whatcom County deputy prosecuting attorney Kellen Kooistra filed a motion in Whatcom County Superior Court to dismiss the attempted second-degree child molestation case against Michael Scott Langton.

While the prosecutor’s office had probable cause for the charge and sufficient evidence that Langton intended to commit a crime, there was not enough evidence to prove Langton took a substantial step towards committing the crime, Kooistra wrote in his motion to dismiss.

A Whatcom County judge then dismissed the case without prejudice the same day, according to court records. Dismissing a case without prejudice allows the prosecutor’s office to refile charges in the case if something changes.

Langton, 47, was charged with the felony child sex crime July 28, 2022, The Bellingham Herald previously reported.

As part of the dismissal, Langton’s $40,000 bail bond was exonerated, court records show.

Devastating allegations

Langton and his family have been devastated by the allegations, according to a news release sent Monday by Emily Beschen, Langton’s defense attorney. Beschen said Langton, a military veteran and former police officer, had dedicated his life to serving and protecting others.

Langton previously worked as a detective, was awarded a Silver Cross medal for arresting a person accused of domestic violence and was voted “patrol officer of the year” for 2020-2021, according to Beschen’s news release.

“This process has been extremely painful for both me and my family. I am grateful to have this chapter of my life behind me and this criminal case closed,” Langton said in a prepared statement in the news release. “I want to thank my friends, family, and co-workers who stood behind me and offered support through this nightmare, as well as the guild attorney, Seth Davis, and attorney Emily Beschen.”

Beschen echoed Langton’s sentiments in the release, saying “we are thankful that Whatcom County was willing to take a close look at the evidence and ultimately made the right decision to dismiss this charge in the interest of justice.”

After examining the evidence, case law and more, prosecutors within the Whatcom County Prosecuting Attorney’s Office didn’t believe they could prove beyond a reasonable doubt that Langton attempted or took a substantial step toward the crime of child molestation, Whatcom County Prosecuting Attorney Eric Richey said in a Monday evening phone call with The Herald.

“This had nothing at all to do with the credibility of our witness. We believe that our witness was 100% correct just based on the other evidence we had. If it wasn’t for her coming forward, I think that we’d still have what I believe is an officer out there doing some things that are inappropriate. I can’t give enough kudos to the victim in our case coming forward,” Richey said.

Leave and lawsuits

Langton was fired from the Ferndale Police Department in late August “due to an inability to carry out his duties,” The Herald previously reported.

He had been employed with the department since Aug. 30, 2012, and was previously employed with the Blaine Police Department.

Langton was placed on paid administrative leave with the Ferndale Police Department July 26 after his arrest for the criminal case. It was the second time Langton had been placed on paid administrative leave in less than a year.

He had previously been placed on leave in early October 2021 after he allegedly contacted a far-right extremist group after the January 2021 insurrection. Langton returned to duty less than a month later.

Langton has also been sued twice in federal court for allegedly violating people’s civil rights while doing his job. Both cases were settled out of court and dismissed, The Herald previously reported.

The city of Ferndale started an internal affairs investigation into Langton’s alleged actions the day he was arrested, according to city of Ferndale spokesperson Riley Sweeney. Sweeney said Tuesday the investigation is ongoing and the city does not have a timeline for concluding it.

“Scott Langton is no longer employed with the City of Ferndale. While we still have an active investigation on this matter, it is not complete and we are not able to give comment at this time,” Sweeney said.

Beschen, Langton’s defense attorney, said Langton is still currently in the grievance process with the city of Ferndale over his termination. Beschen said Langton loved working as a law enforcement officer and would like to continue to do so.

When asked whether Ferndale police are considering reinstating Langton, Sweeney told The Herald Tuesday that Langton is no longer employed by the city and that the city had no further comment.

Text messages

Langton’s criminal court case was largely centered around sexually explicit text messages he allegedly exchanged with a woman he met while responding to a 911 call while on duty.

The woman had called 911 in mid-July to report a collision in the parking lot of her apartment complex. Langton responded to the call, spoke to the woman and gathered her information. Langton and the woman communicated about the collision over the next several days, according to court records.

Langton then used his personal cellphone to ask the woman out on a date in mid-July. The pair agreed to meet and continued chatting over the next several weeks, the court records state. It was during these conversations that Langton allegedly professed his sexual attraction to children and asked the woman and her 12-year-old daughter to have sex with him, according to court records.

“Words alone are not going to create an attempt, and that’s obviously where we were stuck in this case,” Richey said during a phone call with The Herald.

In his motion to dismiss, Kooistra, the prosecuting attorney who handled the case, said the prosecutor’s office did a thorough review of current case law and the evidence that was likely to be presented during trial.

“After careful consideration, we determined that, while there is sufficient evidence that the defendant intended to commit the crime, there is not sufficient evidence to prove beyond a reasonable doubt that he took a substantial step towards commission of that crime as that term is defined by law,” Kooistra’s dismissal motion states.

During Langton’s first appearance in court in late July, senior deputy prosecuting attorney Ben Pratt said there were concerns about the possible destruction of evidence in the criminal case.

Pratt said there were allegations that once Langton became aware he was being placed on leave from Ferndale police, law enforcement witnessed Langton start a fire, put documents in the fire and burn them. One of Langton’s phones seized by law enforcement was also factory reset before it was seized, Pratt said in July.

When asked Monday evening whether these potential actions hindered the prosecution’s case against Langton, Richey told The Herald he didn’t want to speculate.

“There was something obviously important that he was trying to conceal. That’s what I believe,” Richey said.

Protection order

The woman in the criminal case sought a civil protection order against Langton for herself, her daughter and other minor children in her care in a separate court action.

A domestic violence protective order was put in place in late November last year and expires in November 2024, the court records show.

The dismissal of Langton’s criminal case does not immediately impact the civil protection order case. Langton could request the court rescind the protective order, but a hearing would need to be held on the matter.

As of Tuesday afternoon, no such hearing had been set, court records show.

Beschen, Langton’s defense attorney, said he is currently consulting with attorneys regarding any future actions in court.

“Mr. Langton is happy the truth prevailed, and he is currently working to rebuild the damage done to his character and reputation,” Beschen said.

Resources

If you or someone you know is experiencing domestic violence or sexual assault, you can contact the following local resources for free, confidential support:

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 Survivor Advocacy Services at the Counseling & Wellness Center: 360-650-7982 or https://cwc.wwu.edu/survivorservices.

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