Former Kennewick Councilman McKay Will Not Face Charges

The case was referred to an outside prosecutor to avoid any conflict of interest. Now, a reply has come back from Pierce County.

   Outside prosecutor was utilized to see if charges should be brought against former Councilman.

Benton County Prosecuting Attorney Eric Eisinger referred the case of Bill McKay to Pierce County because McKay had been active in his election campaign last year. To avoid a conflict of interest, it was sent to Pierce.

A reply has come in from Pierce County Prosecutor Mary E. Robnett, which read in part:

"We have completed review of the conflict referral on Mr. Bill McKay. We have reviewed all the documents including the police reports, correspondence, recordings, notes, and other attachments. Additionally, I received a phone call briefing from Kennewick Police Department Commander Clem and was able to ask questions. We are declining to file criminal charges against Mr. McKay."

Earlier this year, the Columbia River Task Force was investigating a number of Tri-City area massage parlors to see if they were illegally engaging in sexual activity in exchange for money. Councilman McKay, who has since resigned, stepped forward and told authorities he'd been conducting his 'own' two-year investigation into these establishments.

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When told many of these establishments have cameras to record interactions between customers and workers, McKay admitted he'd had sexual interactions with two of them.

However, he denied knowing sexual activity would be involved in these transactions, and the Pierce County Prosecutor says there is a lack of evidence to corroborate his confession. It involves what the Pierce County Prosecutor says is the "corpus delecti" rule:

"The confession of a person charged with the commission of a crime is not sufficient to establish the corpus delicti, but if there is independent proof thereof, such confession may then be considered in connection therewith and the corpus delicti established by a combination of the independent proof and the confession."

Therefore, the Pierce County Prosecutor is declining to press charges against former Councilman McKay.