Crime

One of two Whatcom County brothers pleads guilty to child sex abuse that lasted years

Brian Matthew Drake, then 31, of Bellingham, right, makes his first appearance in Whatcom County Superior Court on Wednesday, Sept. 20, 2023. Drake was accused of more than two dozen sex crimes for the years-long sex abuse of two children, according to court records.
Brian Matthew Drake, then 31, of Bellingham, right, makes his first appearance in Whatcom County Superior Court on Wednesday, Sept. 20, 2023. Drake was accused of more than two dozen sex crimes for the years-long sex abuse of two children, according to court records. Whatcom County Superior Court

One of two brothers accused of sexually abusing and torturing two female children over a seven-year span roughly two decades ago has pleaded guilty.

Brian Matthew Drake, 32, of Bellingham, pleaded guilty Thursday, Aug. 22, in Whatcom County Superior Court to felony charges including one count each of first-degree child rape and second-degree child molestation.

The Whatcom County Prosecuting Attorney’s Office is expected to recommend Brian Drake serve five years in prison, with three years probation at his sentencing hearing. He is also expected to be required to register as a sex offender, according to court records.

Brian Drake’s sentencing is expected to be set sometime within the next three months.

A pre-sentence investigation report conducted by the Washington State Department of Corrections is required by law to be completed prior to Brian Drake’s sentencing hearing. The investigation, which will cover Brian Drake’s version of the events, victim impacts, and Brian Drake’s personal, professional, medical and social history, will also include a conclusion and recommendation as to whether or not specialized community-based or institutional treatment would serve the best interests of the community and Brian Drake. The report is due within 60 days.

Brian Drake was taken into custody following his guilty plea on Thursday and will remain incarcerated without bail until his sentencing hearing.

Drake had previously been incarcerated in the downtown Whatcom County Jail since his arrest Sept. 19, 2023, in lieu of $350,000 bail with no cash alternative.

Prosecutors originally charged Brian Drake, and his brother Aaron Joseph Drake, in mid-September 2023 with 37 crimes between the two of them. All but one of the crimes were felonies and all but two were sex crimes, according to court records.

Prosecutors then amended the brothers’ charges in late September 2023, dropping 12 of the original charges due to statute of limitations concerns, The Bellingham Herald previously reported.

Brian Drake was then facing six counts of first-degree child molestation, three counts of first-degree child rape, two counts of first-degree incest, one count of second-degree rape and one count of attempted first-degree child rape. All of the charges, which are felonies, included an aggravating factor that alleged the crimes were part of an ongoing pattern of sexual abuse of the same victim under the age of 18 manifested by multiple incidents over a prolonged period of time.

His charges were significantly reduced in exchange for his guilty pleas Thursday, as part of a joint recommendation between the prosecuting and defense attorneys, court records show.

Aaron Joseph Drake, 33, of Billings, Mont., is still facing four counts of first-degree child molestation, two counts of first-degree child rape, two counts of second-degree child rape, one count of third-degree child rape, one count of second-degree child molestation and one count of attempted first-degree child rape. All of his charges, which are felonies, also include the aggravating factor alleging an ongoing pattern of sexual abuse over a prolonged period of time, the court records state.

Aaron Drake has yet to make his first court appearance in Washington because he is currently incarcerated in a detention center in Montana. A nationwide extraditable warrant went out for his arrest Sept. 21, 2023 out of Whatcom County. Aaron Drake was arrested three days later, on Sept. 24, 2023, and booked into the Yellowstone County Detention Facility in Billings, Mont., where he currently remains.

In addition to the Washington state case, Aaron Drake is also facing a child sex crime case in Montana. At the time the Whatcom County charges were filed against Aaron Drake, he was awaiting trial in a Yellowstone County District Court case in Montana.

Yellowstone County prosecutors charged Aaron Drake with one count of sexual intercourse without consent in late July 2022. Prosecutors also included the alternative crimes of one count of sexual assault that inflicts bodily injury or the victim is less than 16 years old, and two counts of assault with a weapon, according to Montana court documents.

Prosecutors allege that Aaron Drake molested a female child when she was around 7 or 8 years old. The child, who is known to Aaron Drake, disclosed the sexual abuse during an interview with police regarding a separate incident, The Herald previously reported.

The Herald’s policy is to avoid identifying victims of sex crimes when possible.

Aaron Drake has a change of plea hearing scheduled for Aug. 28 in the Montana case, according to Montana court records.

It’s possible that Aaron Drake may have to resolve his charges in Montana before being extradited to Washington state to face the sex crime charges against him here. It’s unclear whether or when Aaron Drake may appear in a Washington state court.

Whatcom County senior deputy prosecuting attorney Gordon Jenkins declined at this time to comment on Brian Drake’s guilty pleas.

The Herald has reached out to Brian Drake’s defense attorney.

Admission of abuse

The sexual abuse, which occurred from 2002 and 2009 in the Marietta-Alderwood area of Whatcom County, began when the two female children were between the ages of 4 and 11. The girls, who were known to the Drakes, are now in their mid- to late-20s.

Brian Drake was 10 years old, while Aaron Drake was 12 years old, at the time they first began abusing the two girls, court records show.

The Whatcom County Sheriff’s Office started an investigation into the sexual abuse after one of the women, then in her mid-20s, went with her mother in late February 2023 to disclose the sex abuse.

The woman described violent, graphic sexual abuse to sheriff’s deputies, which she said started around age 4. She told investigators she was regularly restrained and raped by the Drake brothers at various locations in the Drakes’ Whatcom County home and in a tree fort all of the children had access to, The Herald previously reported.

The woman told law enforcement Brian Drake threatened her by telling her that if she told anyone, “things were going to get worse.” Brian Drake also told the girl he would kill her if she said anything, court documents state.

Following his arrest in mid-September 2023, Brian Drake admitted to sexually assaulting both women multiple times with and without his brother, Aaron Drake, during a two-hour interview with detectives, court documents state.

Resources

Brigid Collins Family Support Center: 360-734-4616, brigidcollins.org

Brigid Collins Family Support Center professionals are on-call between 10 a.m. and 2 p.m., Monday through Friday, to answer questions about children, families, abuse prevention or treatment at (360) 734-4616.

Child Protective Services: Washington state hotline for reporting child abuse and neglect, 866-829-2153.

Domestic Violence & Sexual Assault Services: 24-hour Help Line: 360-715-1563, Email: info@dvsas.org.

Lummi Victims of Crime: 360-312-2015.

Tl’ils Ta’á’altha Victims of Crime: 360-325-3310 or nooksacktribe.org/departments/youth-family-services/tlils-taaaltha-victims-of-crime-program/

Bellingham Police: You can call anonymously at 360-778-8611, or go online at cob.org/tips.

WWU Consultation and Sexual Assault Support Survivor Advocacy Services: 360-650-3700 or wp.wwu.edu/sexualviolence/.

If you or a child is in immediate danger, call 911 and make a report to law enforcement.

To report child abuse or neglect call 1-866-END HARM.

NAMI (National Alliance on Mental Illness) Whatcom: https://www.namiwhatcom.org/crisis-resources.html

Washington State Crisis Line/National Suicide Prevention Lifeline: 988 or text HOME to 741741 for a crisis counselor

Whatcom County Triage Center Crisis Line: 800-584-3578

This story was originally published August 22, 2024 at 5:39 PM.

Denver Pratt
The Bellingham Herald
Reporter Denver Pratt joined The Bellingham Herald in 2017 and covers courts and criminal and social justice. She has worked in Montana, Florida and Virginia. She lives in Alger, Wash.
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