PORT ANGELES — A Port Angeles man charged with child rape in Clallam County has agreed to waive extradition and return to Tennessee to face similar charges there.
Brian Wayne McBride, 31, was charged in Clallam County Superior Court with first-degree rape of a child and for being a fugitive from justice in Tennessee.
Port Angeles police allege that McBride raped a girl who was younger than 12 in Tennessee and in Clallam County.
In exchange for McBride’s waiver of extradition, the Clallam County Prosecuting Attorney’s Office agreed Wednesday to dismiss the fugitive charge with prejudice, meaning it cannot be refiled in the future, court papers said.
Once McBride is in custody in Sumner County, Tenn., where he is charged with two counts of rape of a child, the Clallam County child rape case will be dismissed without prejudice.
Without prejudice means Clallam County prosecutors can refile the charge if and when the Tennessee matter is resolved.
Different penalties
If convicted of child rape in Tennessee, McBride would face at least 25 years — and up to 60 years — in prison and a $50,000 fine.
The maximum penalty for first-degree child rape in Washington is life in prison.
The state of Tennessee has been notified that McBride has waived extradition, Clallam County Jail Superintendent Ron Sukert said Wednesday.
“They have 14 days to make arrangements,” Sukert said.
“We have no clue yet until they get a hold of us what sort of arrangements those will be in terms of mode of transportation.”
McBride was arrested in March after a Port Angeles Police Department investigation.
He was released from the county jail on his personal recognizance and was ordered to have no contact with minors.
McBride allegedly violated the conditions of his release by living in a home where minors lived and by accompanying a woman to pick up another child from an elementary school.
Port Angeles Police Detective Erik Smith rearrested McBride on the fugitive charge after a May 19 court hearing.
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Reporter Rob Ollikainen can be reached at 360-452-2345, ext. 56450, or at rollikainen@peninsuladailynews.com.
