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KENNEWICK -- A Benton County judge on Wednesday agreed to dismiss charges against a Kennewick man accused of breaking into a Richland woman's apartment, then beating and trying to sexually assault her.
The dismissal came at the request of Benton County Deputy Prosecutor Terry Bloor after DNA from the crime scene didn't match suspect Karl Goering.
The order was signed by Judge Carrie Runge, Richland Detective Sgt. Jeff Taylor and Bloor.
Goering was charged with first-degree assault with sexual motivation for the Dec. 5 home invasion at The Villas at Meadow Springs.
Prosecutors had alleged that Goering broke into the victim's apartment at 4:45 a.m., beat her several times with a metal bar and tried to sexually assault her.
The victim was awake at the time of the assault, and reportedly identified Goering as the alleged attacker using photographs and an in-person lineup.
But in court documents filed today, Bloor said tests showed the DNA left by the assailant didn't belong to Goering.
"An item containing DNA that is consistent with another person was found at the victim's apartment," court documents said. "Forensic tests just completed and supplied to the state on July 16 exclude the defendant of being the donor of any DNA found at the crime scene."
Goering's attorney, Sal Mendoza of Kennewick, said he believed all along that his client was innocent.
"Today the Benton County prosecutors did the right thing, which was to dismiss these very serious charges where Karl was facing 50 years in jail based primarily upon being misidentified by the victim," Mendoza said. "Karl said from day one, 'Sal, I'm not guilty,' and provided details that convinced me immediately he was not guilty. ... They had no physical evidence that he had committed this crime."
The case was based in part on the victim's identification, but also on actions Goering took while being investigated by police. He reportedly was unable during two police interviews to provide an alibi for the time of the assault, and an alibi he gave in a third interview was contradicted by witnesses, according to the dismissal document.
Goering reportedly had ditched his old clothing in a garbage can at the Columbia Center mall, and investigators said a metal rod was missing from his garage. The victim reported being hit several times by a hard metal object.
The dismissal filed Wednesday said prosecutors now believe Goering's actions may have been attempts to cover other criminal activity.
Goering pleaded guilty in March to a charge of marijuana possession with intent to deliver. He was arrested on that charge the same day he was arrested on suspicion of the assault, and now is serving a sentence of 12 months and a day for that conviction.
He also pleaded guilty in February to a charge of failing to register as a sex offender.
Mendoza said he believed it was Goering's previous conviction at the age of 15 -- the conviction that led to his being required to register as a sex offender -- that resulted in his being a suspect in the Richland assault.
Mendoza also said being charged with the assault had devastated Goering, who feared he would never see his three children again if he were convicted.
"So you can only imagine, when we got months later the DNA evidence that exonerated him, how he felt," Mendoza said.
Mendoza said the dismissal shows how technology has helped advance justice in recent years.
"Fifteen years ago, had we not had DNA evidence that exonerates, unfortunately there would have been a conviction," he said. "I think this is a teaching moment for our community that we cannot rely on eyewitness identification as strong or credible. This is a perfect example of that."
But Goering's exoneration means a violent predator remains on the loose, Mendoza said.
Police and prosecutors said they're doing everything they can to find the real assailant.
"Nothing on my desk has a higher priority and I think I can say the same for the police," Bloor said.
Richland police Capt. Mike Cobb said detectives are following up several leads based on the available evidence, but have yet to identify any other suspects.
"We still have information we're tracking down," he said.
-- Michelle Dupler: 582-1543; mdupler@tricityherald.com
