SPOKANE, Wash. – The release conditions for a man deemed a sexually violent predator could soon be changing.
David McCuistion has been living in Spokane for a little more than a year. His release from McNeil Island to Spokane in October 2016 was met with opposition from Spokane County Sheriff Ozzie Knezovich.
Initially McCuistion lived at the New Washington Apartments in Downtown Spokane but in the last few months he moved to a new apartment building about six minutes away. Since living in Spokane, court documents show McCuistion has abided by his release conditions with only very minor violations.
Documents show McCuistion also continues to follow his treatment plan and attend Alcoholics Anonymous meetings. In August, he successfully passed the certification process to become a welder, is now looking for a job and wants to support himself. He is required to be evaluated yearly and documents said two experts who evaluated him believe he no longer meets the definition of a sexually violent predator. This means McCuistion has the right to petition the court for unconditional release and have a full evidentiary hearing.
Documents said the state has until February 16 to prove he continues to be a sexually violent predator. A court date is set for February 23 where a judge will decide what happens next.
If the state's expert cannot show that he continues to be a sexually violent predator the court will then set a date to discuss dismissing the sexually violent predator case. If that is dismissed, it would significantly change how McCuistion is monitored in our community.
As it stands, all his movements are tracked. The places he visits and the people he interacts with must be approved by his transition team. If he is no longer considered a sexually violent predator, that would all change significantly. His sex offender treatment provider agreed to continue treating him, according to documents. As far as his restrictions go, he would likely be treated as other level three sex offenders are.