Brian Drake, a Whatcom County man facing child sex crime charges, pled not guilty to all charges on Friday, Sept. 27 at his arraignment.
Drake and his brother, Aaron Drake, are facing a total of 25 felony charges over incidents that occurred between 2002 and 2009 that began when Brian was 10 and Aaron was 12. They lived in the Marietta-Alderwood area west of Bellingham, where they allegedly abused two children known to them who were 4 and 11 when the abuse began.
Initially, the brothers faced a total of nearly 40 charges ranging from first-degree child rape to first-degree child molestation.
Gordon Jenkins, the prosecutor on the Brian Drake case, filed an amendment Thursday, Sept. 28, to reduce the list of charges against both brothers primarily due to statute of limitation issues, he told Cascadia Daily News Friday.
The court instituted a new no-contact order that mirrors the one at Brian Drake’s first court appearance — he is prohibited from having contact with anyone under the age of 18 or with either of the alleged victims.
Shoshanah Epstein, senior deputy public defender, said that Brian Drake’s only concern with the no-contact order is that one of the named individuals lives with his mother. She said Brian Drake wanted to inform the court that he will be careful in communication with his mother to not discuss the case or speak to the named individual.
If Brian Drake violates the no-contact order, he could be charged with a crime; if he violates the order with violence, he could be charged with a felony.
Aaron Drake, 33, was arrested in Yellowstone County, Montana, on 15 similar charges. Whatcom County prosecutors are seeking his extradition.
Brian Drake’s status hearing is scheduled for 8:30 a.m. Wednesday, Oct. 25, and his jury trial is scheduled for Nov. 20.
