A Kitsap County Superior Court judge will issue a decision on November 6, 2026, regarding a former Edmonds College instructor's request to dismiss child sex charges. The defense argues that the involvement of an NCIS agent in the investigation rendered the proceedings unlawful.
Judge Cadine Ferguson-Brown is presiding over the case against a Bainbridge Island man, 45, who was arrested on December 17, 2025. Authorities allege the defendant arranged to meet an 11-year-old girl for sexual contact; however, the individual posing as the child was an undercover agent.
The court took the motion to suppress evidence and dismiss the case under advisement on September 25.
Defense attorneys filed their motion on July 28, arguing that a Naval Criminal Investigative Service Special Agent investigated a civilian without a legitimate military purpose. They contend this conduct violated the Posse Comitatus Act and related statutes regarding military involvement in civilian law enforcement. The defense asserts that the agent's undercover communications provided the basis for Bremerton police to obtain search warrants. They are asking the judge to exclude evidence derived from the agent's investigation, arguing that without it, prosecutors lack sufficient evidence to proceed. The motion seeks the dismissal of all charges with prejudice, which would prevent them from being refiled.
Deputy Prosecuting Attorney Breanna Wilson disputes the alleged violation and the requested remedy. In a response filed on August 10, she argued that the legal restrictions cited by the defense do not apply to civilian NCIS agents in the manner claimed. Wilson stated that the agent participated in voluntary online conversations and referred evidence to local police, who subsequently obtained warrants and made the arrest.
The state also argues that the agent presented her undercover persona as the child of a Navy sailor, thereby establishing a military connection. Prosecutors contend that suppression would not be justified even if a violation were found.
Prosecutors separately argue that accounts from alleged victims identified later should remain admissible even if other evidence is excluded. Their response alleges that the defendant had sex with a girl who was 16 at the time and offered her money and gifts. They contend that her voluntary cooperation is sufficiently removed from the challenged NCIS work to allow her account to be used.
The original charging document accused the defendant of attempted first-degree child molestation and communicating with a minor for immoral purposes. The Kitsap County jail roster also lists two counts of commercial sexual abuse of a minor and a felony count of communicating with a minor for immoral purposes under the same court case number.
The defendant worked as a part-time faculty member at Edmonds College from spring 2019 through spring 2022, teaching physics and astronomy.
According to the police report accompanying the original charges, undercover conversations began on the Hush app in August 2025 and later moved to Kik. Police allege the defendant discussed sexual acts and arranged a meeting near a skate park in Bremerton's East Park. Investigators reported that he stopped at a Silverdale hotel before driving to the meeting location. Police said a search of the hotel room turned up condoms, sexual devices, and bondage straps. The report also records the defendant telling investigators that he had become lost while attempting to go to dinner.
Judge Ferguson-Brown, who has also served as a visiting judge in Clallam County, has faced criticism in previous reporting regarding her bail and sentencing decisions.
Earlier reporting detailed a 2023 Mason County prosecution in which a woman faced charges of repeatedly shooting her partner. In that matter, Judge Ferguson-Brown set bail at $5,000.
Separately, in July, the judge handed down a 34-month prison sentence to a local man convicted of possessing child sexual abuse material. The length of the sentence aligned with the recommendations provided by the state prosecutor and the Department of Corrections.
Previously, in June, the court suspended a 78-month prison term for a defendant who had pleaded guilty to first- and second-degree child molestation. That case involved two victims and abuse that occurred over multiple years. Relying on a special sex offender sentencing alternative permitted by state law, the judge ordered 12 months in the county jail, applied credit for time already served, and imposed community custody along with outpatient treatment requirements. State statutes allow courts to revoke such suspended sentences if an offender violates community custody conditions or fails to demonstrate satisfactory progress in treatment.
In the currently pending motion in Wade’s case, the defense is asking Judge Ferguson-Brown to determine whether specific evidence should be excluded and if the charges warrant dismissal.
The judge’s oral ruling is set for 1:30 p.m. on November 6 in Department 8 of the Kitsap County Superior Court in Port Orchard.