30524475 FILED 18 FEB 06 PM 1:19 KING COUNTY SUPERIOR COURT CLERK E-FILED CASE NUMBER: 18-1-00886?3 SUPERIOR COURT OF WASHINGTON FOR KING COUNTY THE STATE OF WASHINGTON, Plaintiff, V. No. 18-1-00886-3 SEA ALBERT CHARLES VIRACHISMITH, INFORMATION Defendant. 1, Daniel T. Satterberg, Prosecuting Attorney for King County in the name and by the authority of the State of Washington, do accuse ALBERT CHARLES VIRACHISMITH of the following crime which are of the same or similar character: Rape of a Child in the First Degree, Child Molestation In The First Degree, committed as follows: Count 1 Rape of a Child in the First Degree That the defendant ALBERT CHARLES VIRACHISMITH in King County, Washington, between September 1, 2016 and June 30, 2017 being at least 24 months older than A.A. (0 1/ 13/2009), had sexual intercourse with A. 13/2009), who was less than 12 years old and was not married to and not in a state registered domestic partnership with Albert Charles Virachismith', Contrary to RCW 9A.44.073, and against the peace and dignity of the State of Washington. Count 2 Child Molestation In The First Degree That the defendant ALBERT CHARLES VIRACHISMITH in King County, Washington, between September 1, 2016 and June 30, 2017 being at least 36 months older than AA. (0 1/ 13/2009), had sexual contact for the purpose of sexual gratification, with AA. (0 1/ 13/2009), who was less than 12 years old and was not married to and not in a state registered domestic partnership with Albert Charles Virachismith', Daniel T. Satterberg, Prosecuting Attorney CRIMINAL DIVISION W554 King County Courthouse 516 Third Avenue Seattle, WA 98104-2385 (206) 477?3742 FAX (206) 205-6104 INFORMATION - 1 30524475 Contrary to RCW 9A.44.083, and against the peace and dignity of the State of Washington. INFORMATION - 2 DANIEL T. SATTERBERG Prosecuting Attorney By: 3 Emily Petersen, WSBA #36664 Senior Deputy Prosecuting Attorney Daniel T. Satterberg, Prosecuting Attorney CRIMINAL DIVISION W554 King County Courthouse 516 Third Avenue Seattle, WA 98104-2385 (206) 477-3742 FAX (206) 205-6104 30524475 CAUSE NO. 18-1-00886-3 SEA PROSECUTING ATTORNEY CASE SUMMARY AND REQUEST FOR BAIL CONDITIONS OF RELEASE The State incorporates by reference the Certification for Determination of Probable Cause prepared by Officer Anthony Belgarde of the Seattle Police Department for case number 2018-33430. The State requests bail set in the amount of $500,000.00 because of concerns that if released the defendant will not appear for court and may commit another sexual offense against a child. The Pro-Tem District Court Judge at first appearance set bond at $100,000.00 which is woefully inadequate for the facts of the present case. The defendant raped a then second grade student in an elementary school bathroom, on multiple occasions, while in the course of his employment as an educational aide. The defendant, because of his professional role, was well aware of the rule that only one student was allowed in the bathroom at time. The defendant knew that the young Victim would be alone and isolated in the bathroom. This knowledge allowed and empowered the defendant to sexually assault the second grader uninterrupted and undetected. Further, the defendant used his authority as a teacher?s assistant, along with threats of Violence toward the child Victim to gain the Victim?s silence. It was only after the defendant stopped working at the Victim?s school that the Victim felt safe enough to report to his father what had happened. During his tenure as an employee of Seattle Public Schools the defendant had access to thousands of children. Seattle Police Department is continuing to investigate whether other children suffered sexual abuse at the hands of the defendant. Prosecuting Attorney Case Summary and Request for Bail and/or Conditions of Release - 1 Daniel T. Satterberg, Prosecuting Attorney CRIMINAL DIVISION W554 King County Courthouse 516 Third Avenue Seattle, WA 98104-2385 (206) 477-3742 FAX (206) 205-6104 30524475 The defendant?s criminal history is limited to driving offenses. Defendant reports to court services that he is currently in treatment for alcohol issues. The State requests that the defendant be ordered to have no contact with the Victim in this case and that a Sexual Assault Protection Order be issued to that effect. The State also request the defendant be ordered to have no contact with minors and no contact with any Seattle Public School. Signed and dated by me this 6th day of February, 2018. 5 Emily Petersen, WSBA #36664 Senior Deputy Prosecuting Attorney Prosecuting Attorney Case Summary and Request for Bail and/or Conditions of Release - 2 Daniel T. Satterberg, Prosecuting Attorney CRIMINAL DIVISION W554 King County Courthouse 516 Third Avenue Seattle, WA 98104-2385 (206) 477-3742 FAX (206) 205-6104 30524475 Seattle Police Department Case Investigation Report {65) Case Investigation Report: 2018-33430 Certi?cation Detenm'narion afProbabIe Cause That A. Belgarde is a Detective with the Seattle Police Department and has reviewed the investigation conducted in Seattle Police Department Case number 2018-33430. There is probable cause to believe that Virachi-Smith, Albert 7-6-1977 committed the crime of RCW 9A.44.073 Rape of a Child in the ?rst degree within the City of Seattle, County of King, State of Washington. This belief is predicated on the following facts and circumstances. Virachi?Smith, Albert 7?6-1977 has been employed by the Seattle Public Schools since the start of the 2016?2017 school year. Albert?s duty during the 2016?2017 school year was an instructional Assistant. Albert was assigned to classroom during the time that the rapes occurred. The Victim AA. who is a nine-year?old child stated that Albert would bump into him on the playground and in class. AA. stated that Albert would always apologize and say that walking backwards. AA. began to pay attention as Albert would be walking around other students and noticed that he did not run into any other students that A.A. saw. AA. was in class one day and asked his primary teacher if he could use the restroom. The class rules are that only one male student and one female student can go to their respected restroom at a time. The teacher ensured that there were no other male students from the class in the restroom and provided AA. with a pass. A.A. went to the restroom and stood at one of the two urinals. AA. was at the urinal that was next to the sink and was trying to urinate. Albert walked into the restroom and stood behind AA. Albert told AA. to bend over and AA. not knowing what was happening complied. AA. said that he grabbed his knees as he bent over and Albert ?put his wee?wee in my but?. AA. clarified and said that Albert ?rst pulled pants (which were runner style sweats) and underwear down to his ankles. AA. stated that Albert?s pants were pulled down just far enough (AA. pointed at thigh just under the zipper on his jeans) to get his penis out. AA. said that when Albert was done, he looked back at him and saw that his ?wee?wee was silverish clear?. AA. was asked to clarify what ?silverish clear? meant. AA. said something to the effect of like pee but shiny and clear. AA. stated that this incident was the ?rst time. According to AA. Albert has raped him approximately five to six times over the course of the 2016? 2017 school year. Page 4 of 11 CIR Revsm 30524475 Seattle Police Department Case Investigation Report AA. was able to provide details about the second time that Albert raped him. AA. once again went to the bathroom in the middle of the day, following the same protocol as the ?rst time. Again AA. was using the same urinal. As AA. stood trying to urinate, Albert walked into the bathroom and stood behind AA. Again, Albert told AA. to bend over and AA. complied. This time Albert spread . butt cheeks apart with his hands and penetrated anus with his penis. AA. remembers this speci?cally because unlike the ?rst time, this time hurt. AA. said that this time Albert, ?put his wee? wee in too deep.? AA. told Albert to stop and Albert got upset. Albert told AA. if he told anyone about this, he would hurt AA. and family. AA. said that Albert told him that if he told, will ?ght you?. AA. was scared and did not talk anymore. Albert punched AA. in the back of his leg below his buttocks and continued to penetrate anus with his penis until he ?nished. This time, AA. did not look back at Albert when he was done. Albert pulled up his pants and walked out of the bathroom as he returned to the classroom. AA. used the bathroom, washed his hands and went back to class. AA. ?nally came forward to disclose these rapes to his parents after Albert had not shown up to school for work. Albert was placed on administrative leave due to an unrelated issue at the school and has been off for a few months. AA. stated that he feels safe since ?Mr. Albert? is not at the school and does not know where AA. and his family lives. AA. and his mother were shown a photo montage (separately) and both positively identi?ed Albert as the correct suspect. AA. said that he was ?100% sure? that Albert was #2 in the montage. mother did not give a percentage, however, said she knew that was him. RCW 9A.44.073. Rape of a child in the ?rst degree. (1) A person is guilty of rape of a child in the ?rst degree when the person has sexual intercourse with another who is less than twelve years old and not married to the perpetrator and the perpetrator is at least twenty-four months older than the victim. AA. is nine years old while Albert is forty years old. Under penalty of perjury under the laws of the State of Washington, I certify that the foregoing is true and correct to the best of my knowledge and belief. Signed and dated by me this szre day of February 2018:?eattle, Washi Page 5 of 11 CIR Rev.8/12 30524475 AGENCY: CASE NUMBER FILE NUWER PCN NUMBER Seattle PD 331450 SUPERFORM . DATE 8. TIME OF VIOLATION CRIMIETRAFFIC CITATID Accommces 211l2018 7:13 PM YES NO DATE OF ARRESTITIME ARREST LOCATION 2/1f2018 7:13 PM NAME (LAST. SR. 151, 2nd) DOB ALIAS. NICKNANES VIRACHISMITH, ALBERT CHARLES 7I611977 IN CITIZENSHIP YES NO YES SEX HEIGHT WEIGHT SKIN TONE SEARS. MARKS.TATTOOS. DEFORMITIES 1 CCN PRIOR BA it STATE Jams-1.x E: . - .- LAST KNOWN ADDRESS EMPLOYER. SCHOOL (ADDRESS. SHOPIUNION NUMBER RESIDENCE PHONE BUSINESS PHONE OCCUPATION PERSON TO BE CONTACTED IN CASE OF EMERGENCY RELATIONSHIP Address OFF NSE mum: Lw FUGITIVE WARRANT DATE WARRANT NUMBER OFFENSE AMOUNT OF BAIL WARRANT TYPE ORIGINATING POLICE AGENCY ISSUING WARRANT RELEASED TO: (SERIAL DATE I -. LIST VALUABLE ITEMS OR PROPERTY LEFT FOR ARRESTEE AT JAIL LIST VALUABLE ITEMS OR PROPERTY ENTERED INTO EVIDENCE (SIMPLE DESCRIPTION. IDENTIFYING MARKS. SERIAL LIST ITEMS ENTERED INTO SAFEKEEPING TOTAL CASH OF ARRESTEE INTO SIGNATURE OF JAIL STAFF RECEIVING SERIAL YES $0.00 No AMOUNT: $0.00 I II m. ARRESTING OFFICER I SERIAL It TRANSPORTING OFFICER SERIAL SUPERVISOR SIGNATURE I SERIAL I 3 I COMPLETED BY It) CONTACT ADDITIONAL INFORMATION (NAMEISERIALMPHONE) Belqarde. Anthony SUPERIOR COURT COURT CAUSE (STAMP OR WRITE) FILING INFO IN CUSTODY DAT LARGE OUT ON BOND COURTIDIST. DIST. CT, I SUP. CT. DATE GINO. BOND PERSON APPROVING EXTRADITION BEARING-LOCAL ONLY NCIGWILL EXTRADITE EXTRADITE NCIGWILL EXTRADITE WACIC-STATE WIDE FROM ID OR ONLY FROM OR. ID. MT. WY. CA. FROM FROM ALL NCIC OF OF STATEMENT OF PROBABLE CAUSE: NON-VUCSA CONCISELY SET FORTH FACTS SHOWING PROBABLE CAUSE FOR EACH ELEMENT OF THE OFFENSE AND THAT THE SUSPECT COMMITTED THE OFFENSE. IF NOT PROVIDED, THE SUSPECT WILL BE AUTOMATICALLY RELEASED. INDICATE ANY WEAPONS INVOLVED. (DRUG CRIME CERTIFICATE BELOW.) ON (date) AT (time) WITHIN THE (cityIunincorporated area of county] Rev DTIDBS Generated on 6:17:05 PM ID: 52-19290 Page 1 013