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Thomas pleads not guilty to charges

by Herald Staff WriterCameron Probert
| August 4, 2011 6:00 AM

EPHRATA - The man accused of kidnapping, raping and robbing a Big Bend college student pleaded not guilty.

Jerald W. Thomas, 33, entered the plea to charges of kidnapping in the first degree, rape in the first degree and robbery in the first degree during his arraignment Tuesday morning.

He is currently being held in the Grant County Jail with a $500,000 bail.

The victim was getting a calculator out of her trunk when Thomas allegedly grabbed her from behind, wrapped his arm around her throat and put a knife to her neck, according to a Grant County Sheriff's report. Thomas reportedly pushed the victim into the passenger's seat, and threatened to rape her if she didn't give him $500.

As they were leaving the victim tried to jump out of the vehicle, but Thomas reportedly grabbed her arm keeping her in the vehicle, according to the police report. They drove to a bank, where he allegedly tried using to the victim's debit card to take money out. He reportedly received some money, but wasn't able to take out $500 and became frustrated.

He drove her to the Moses Lake sand dunes and reportedly raped her. The victims car became stuck in the sand, and he reportedly made her walk with him looking for a ride, telling her he would kill her if she called for help, according to court records. She was able to escape after Thomas received a ride.

Prosecutor Angus Lee won a motion to compel Thomas to give DNA evidence and allow photographs to be taken of the man's tattoos. Lee argued the DNA is needed to compare with evidence left at the scene.

"With the photograph issue, there are several unique and identifiable tattoos on the defendant that were described by the victim and we would like photographs for presentation at the trial," Lee said.

Defense attorney Robert Kentner argued the evidence already exists with the state Department of Corrections, saying they took a DNA sample when he was convicted of identity theft in 2010.

"When my client entered the DOC, they verified that the sample was valid," he said. "If it's not valid they take another DNA sample at the Department of Corrections. I've been in contact with the (department,) they already have his DNA. It doesn't go bad. It's not like a piece of cake that goes old and stale."

Lee contended taking the evidence now makes it easier to verify where it came from if the case goes to trial. Also, he wanted the samples taken by officers already investigating the case.

"We have to establish exactly where that DNA came from for the prior felony, which means we have to find who took the DNA sample," he said. "Sometimes those people don't work for the Department of Corrections. Sometimes they don't remember anything. Sometimes there are note taking errors."

The database isn't meant to prove cases at trial, it's meant to help investigators, Lee said. The Washington State Crime Lab uses it to confirm the match with a fresh sample.

Visiting Douglas County Superior Court Judge John Hotchkiss ruled the state could take the sample.