THS librarian indicted on five counts sexual misconduct

By Zachary Van Brunt • June 3, 2014 9:15 am

KinKade pleads not guilty at arraignment

OKANOGAN – A former Tonasket School District librarian accused of having sex with a high school senior was arraigned in Okanogan County Superior Court on Monday.

Elizabeth Ann KinKade, 37, pleaded not guilty June 2 after Judge Henry A. Rawson indicted her on five counts of first-degree sexual misconduct with a minor.

According to court documents, KinKade allegedly had that number of sexual encounters with an 18-year-old student enrolled at Tonasket High School.

Even though the student in question – officially identified by the initials E.C.R. – is of the age of consent in Washington state, the law explicitly states:

“A person is guilty of sexual misconduct with a minor in the first degree when… the person is a school employee who has… sexual intercourse with an enrolled student of the school who is at least sixteen years old and not more than twenty-one years old and not married to the employee, if the employee is at least sixty months [five years] older than the student.”

At the time of the alleged rendezvouses, KinKade was 37, while E.C.R. was 18, nearly 19 years younger than she.

“Elizabeth stated she thought it was not an illegal act as the student is over 18 [years] of age and no sexual acts were performed on school property,” Tonasket Police Officer Audra Fuller wrote in a probable cause document filed with the court. In the same document, Fuller wrote that KinKade and E.C.R. both said the two had consensual sex up to five times, including at the KinKade residence and in her vehicle.

“During the day, at least one time during lunch and other times after school/after gym,” Fuller wrote, quoting E.C.R. about his alleged escapades with the former librarian. KinKade responded similarly: “During [the] day, after school and at least once at lunch time.”

Tonasket attorney Anthony Castelda represented KinKade at the arraignment, where Rawson issued a general assault protection order forbidding KinKade to contact the high school student. KinKade agreed to not contact him directly, indirectly or through a third party, and to knowingly stay 300 feet away from his residence, school and place of employment.

Violating that protection order would constitute a criminal offense.

KinKade had agreed to a similar pretrial sexual assault protection order at her preliminary court appearance on May 21, where she was released on her own recognizance. That order expired Monday.

Rawson scheduled KinKade’s omnibus hearing for Monday, July 7, at 8:30 a.m. A status conference was slated for July 21, also at 8:30 a.m., and a trial date scheduled for July 29.

All dates are subject to change based on the court’s calendar.