SEATTLE — A 36-year-old man accused of kidnapping and sexually assaulting a 15-year-old girl on Monday in Seattle’s Northgate neighborhood had a lengthy criminal record and nine active warrants at the time of his arrest. Joshua Kowalczewski was taken into custody for the incident.
The arrest comes as court documents reveal Kowalczewski has accumulated 28 arrests and 13 convictions over 19 years, raising questions about why he remained at large.
Court documents show Kowalczewski’s past arrests include assault, DUI, drug possession, and theft.
Among his nine active warrants, one is linked to a misdemeanor theft case in Puyallup. KIRO 7 has asked police why he was not located and picked up.
Prosecutors noted that several, if not all, of these offenses were misdemeanors.
Casey McNerthney, communications director for the King County Prosecuting Attorney’s Office, explained the limitations prosecutors face.
“Prosecutors are bound by the sentencing guidelines from state lawmakers; that’s what judges go off of when they make determinations,” McNerthney said. “It’s pretty difficult to hold somebody on a misdemeanor in some instances.”
Changes to these sentencing guidelines would need to occur at the state level, McNerthney said.
KIRO 7 reached out to the state lawmakers who oversee the district where the incident occurred, asking for an interview to discuss the guidelines and whether any consideration would be given to potential changes.
KIRO 7 also contacted the Washington Sentencing Guidelines Commission, which advises lawmakers on sentencing policies.
A spokesperson for the commission said its members are unable to change the law, adding that the commission focuses on providing feedback on a limited scope of criminal policy.
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