A felony charge of attempted child molestation against a former Ferndale police officer was dismissed without prejudice Feb. 6 by Whatcom County Superior Court. Although a dismissal without prejudice means the case can be refiled, that’s not likely to happen Prosecutor Eric Richey said.
Michael Scott Langton was fired from the Ferndale Police Department in August 2022 after he was arrested at his Blaine home for allegedly texting and verbalizing his intentions to sexually pursue a child between the ages of 12–14 in July, according to court documents.
In a Feb. 3 declaration, Deputy Prosecuting Attorney Kellen Kooistra wrote that the prosecutor’s office examined the evidence that would likely be presented at trial and reviewed case law surrounding “criminal attempt.”
“After careful consideration, we determined that, while there is sufficient evidence that the defendant intended to commit the crime, there is not sufficient evidence to prove beyond a reasonable doubt that he took a substantial step towards commission of that crime as that term is defined by law,” the declaration states.
“It’s unlikely we’ll gather enough evidence to give us the ability to charge later,” Richey said in a phone interview.
The allegation was “devastating” to Langton and his family, a release from Langton’s attorney Emily Beschen states.
“We are thankful that Whatcom County was willing to take a close look at the evidence and ultimately made the right decision to dismiss this charge in the interest of justice,” the release states.
Langton was previously placed on administrative leave by the City of Ferndale in October 2021 after the city received information he had contacted the Oath Keepers, a far-right extremist group. Langton was also involved in a civil lawsuit alleging racist behavior in February 2020, according to court documents.
This story was updated at 10:07 a.m. Feb. 8, 2023, with additional information from the Whatcom County Prosecuting Attorney’s Office.
