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So right now you are under arrest for assault. Okay, for an incident that happened here last week, I believe it was. Um that involved that involved a juvenile. >> On October 9th, 2023, families gathered at the Frances Anderson Center in Edmonds, Washington for what seemed like a normal evening of children's ballet classes. But what happened inside that night would reveal the nauseating actions of a predator quietly lurking. Surveillance footage reviewed by detectives showed a man entering the center during the afternoon and lingering in the hallways for nearly 2 hours. Investigators say he appeared to wander without a clear purpose while repeatedly positioning himself near groups of young ballet students. What happened next would prompt allegations of inappropriate contact involving a 10-year-old girl and launch a search for the unidentified suspect. On October 17th, 2023, staff at the same facility spotted a familiar face. The man detectives had been searching for had returned to the Frances Anderson Center. >> Room 306. >> Yeah, room 1. >> Room 301? >> Room 1. >> Room 1, all right. He's got a purple Up these stairs. >> Okay, thank you. We're detaining you until we are sure we have Uh we need to get probable cause for your arrest. We're trying to make sure it's you because before we do anything. But right now certainly matches the description of the guy that we saw before. >> Okay. >> So >> Okay. >> But you're not you don't want to give me your name or anything right now? >> No, we're not sure. >> Okay. Okay. >> Do you know if we have PC for that? >> That I don't know. I can start finding that out. >> No, but you No, we're not fully >> Sit down. Sit somewhere. All right, right now we're going to detain you, sir, all right? >> Okay. >> Let's pick up your bag and jacket. >> Yeah, you can have your credit >> For our safety, for your safety, you're being a little handcuffed >> that's not that's not legal. >> I understand it's a safety precaution. >> We have reasonable suspicion we believe that you committed a crime. >> Okay. >> That's so that's our legal basis for doing this right now. Okay? >> If if it's not you, what we're going to do a full report on this and you can do whatever you need to do. That's fine. >> That's not making sense though. >> Yeah, okay. >> Sir, do you have any weapons on you? >> No. >> Okay, thank you. >> All right. >> We'll still do a little pat down on you. >> Yeah, I'm going to read you your rights right now, okay? So you're aware of that. All right, go ahead, have a seat, sir. >> Why do you I mean, you can just take my wallet. >> No, [laughter] we're not taking your wallet. >> I don't want to sit on that. I don't want you to sit on that. >> What do you mean? >> We're not we're not we're not going to take your wallet. We're not going to take it. I'll set it right here for you, okay? >> You can't. >> People hide weapons in >> Okay, but like that's not I know, but I mean like do you have like a probable cause to just like take my wallet? >> No. >> Right now we're we're checking on probable cause to determine if we have probable cause to arrest for the assault. >> He can pat you down and any hard objects he can >> remove it? We don't know what those are. >> Okay. >> I got it. >> We didn't go through it. We're not going to take it. >> Yeah, I didn't open it. >> Yeah, yeah. >> All right, just listen up for me, okay? Okay, you have the right to remain silent. Distracted by >> Yeah, I was just distracted. >> Okay, we'll give you a minute and then when you're >> I don't want to like I don't want to I don't want to talk to >> Well, well I'll tell you it's I'll tell you it's very >> I'm already like in cuffs, like what am I going to do like a back flip? >> And I can tell you >> [laughter] >> I can tell you we've had people try to pretty silly things sometimes. And I can tell you the reason why you're in handcuffs is cuz in based on our training experience, the way you were acting and standing up and wanting to leave and refusing to identify yourself >> I was going to leave until you said that I was detained. But as soon as you told me that I was detained, then you handcuffed me, but you didn't tell me I was detained until I started to leave. So how was I supposed to like interpret that? So of course I was walking out because you didn't tell me I was being detained. >> Prior to that prior to that in my estimation you you were acting pretty suspicious. >> Okay, so what? Like yeah, there's a bunch of cops >> why you're that's why you're being detained right now. >> Why would I want to also why would I want to talk inside right now here instead of being like where I you know like surrounded instead of like in the you know someone else I don't know. >> Okay. All right. Well, we're checking with our detective units and checking on the probable cause that we believe exists for you for your arrest and then we're and then we'll go from there, okay? But right now you just like I said obviously not free to leave and we're going to hang tight here. >> Yeah, but then you just decide that or like is there a like do you have an actual do you just decide that you had probable cause to >> No. >> And probably you can't just like and maybe you can I don't know. >> We we just need reasonable suspicion to to detain you like this. And we're well well well past reasonable suspicion just based on your appearance alone and the staff who had seen you here on previous time. So, but I'm not going to ask you a lot of questions about that until we can get through the Miranda rights, so. >> A lot of people are coming to this building. >> You're You're correct. You're correct. There's There's a lot of people but Do you have any questions for me? I don't know what. >> I just want to know No, I don't know. I just >> No, it's like right there that could be an emblem. >> Yeah. >> Yeah. >> I'm not trying to intentionally put stress upon you. So, yeah, we're just waiting for her to hear back from our detectives to see if there is probable cause but based on these surveillance pictures here which you can look at from the week prior I have very little doubt that it's you. >> Sergeant Robinson, can you get me a statement? >> I don't I don't think so. >> Okay. >> I mean Yeah. >> Come on. >> All right. >> Okay, sure. Yeah. See this? Very apparent. Glasses, face, color. Sorry, that's my own kid. But I was able to pull that from the footage to give us a little better in addition to cuz he was putting his coat on and off and whatnot. But the shoes, the cracking hat. >> Yeah. >> Kind of looks like his. >> Can you um >> Can I text that to you? >> Uh yeah, AirDrop it to me. >> Yeah. It's not him. >> Yeah, I'm uh working on it with uh 71 and 9. Right now we're still reasonable suspicion. Uh one second. So I just talked to the detective and so I told you at the very least you're going to be trespassed from this facility. And so that means you can't come back here. All right. And if you do come back here, you'll be charged with a crime and we will take you to jail if you're trespassing. Okay? But we're still working through the assault aspect of it. And and if an assault does did indeed occur, then you'll go to jail for that today. That's where we're at. Okay? >> She is the same as we can a little bit better of a facial. >> Yeah. >> Yeah, it's definitely him. Just look at that. The shoes matched the high tops. The backpack's very similar. It's got the little red uh Swiss. You can't see it in any of these pictures, but based on Mhm. Based on the shoes. The hair the hairline the same with the closet. >> Uh you're going to get trespassed from here. You're still not willing to give us your name or You don't want to? You have your ID on you at all? Well, I didn't to give you your information >> I understand that, but we have a reasonable suspicion to believe that you're a suspect in an assault. >> Okay, you can't do that. >> Just take my wallet, though. >> Hold on. Hold on. You just I mean, what if I just like ran What would you have just I mean, what if I had just randomly said that to somebody just off the street? >> You said >> Okay. >> Yeah, you can as long as we don't have a >> My wallet especially >> Well, so your wallet's removed because it's a hard object when we're patting you down. Your hands are behind your back. You know what I mean? >> have permission to open my wallet or >> Yeah, but we haven't opened it yet, have we? >> I know, but you're going to. I mean, how do you get Do you just use X-ray vision to look at >> No, as soon as >> somebody's wallet like >> as we get confirmation that we have an assault and you are the one who committed a crime, then we're going to Yes, we're going to open your wallet and identify you. You have to identify yourself. If you refuse to do that, um well, we have your wallet. We'll look in your wallet. If your ID's not in there, and you continue to still refuse to identify yourself, and you are the arrestee of a crime, we're also going to charge you with obstruction cuz you're hindering and delaying our investigation. So, that's the second That's the second charge that you would catch. >> Okay, fine. >> So, but we'll wait until we >> Absolutely. >> get done talking to our detectives and and We try to We try to It's fair. I would be I would be anxious, too, if I was in handcuffs. That's fair. Super fair. Makes perfect sense to me. >> Okay. >> Yeah, yeah. For any reason, right? It's just it's an anxious time. Okay. So, right now you are under arrest for assault. Okay, for an incident that happened here last week, I believe it was. Um that involved that involved a juvenile. Okay? So, we're going to identify you, and then we're going to take you to jail. >> I don't know what happens. >> Um >> Investigators allege that Alexander Hardesty had entered the facility during a children's ballet class, wandering the hallways for nearly 2 hours and repeatedly positioning himself near young students. According to police reports, he approached a group of juvenile dancers, knelt down, and smelled a girl's foot before following a 10-year-old student into a dressing room. There he closed the door, grabbed her barefoot to examine and smell it, and squeezed her shoulder before leaving. Following a swift investigation and review of that footage, detectives determined they had probable cause to make an arrest. >> Let's go to your car. >> All right, sir. I'm going to finish my search, okay? That means checking all your pockets, your hat, all right? I'm going to zip down your hoodie and zip it back up, okay? Make sure you don't have any hidden compartments. So, just being straightforward with you and explaining what I'm doing so there are no surprises, okay? >> Can I make it easier? >> All right. I'll keep them safe. All your properties will stay with you, okay? Okay, switch. >> That's my phone. >> Okay. All right, hold it. >> In my pocket. >> All right, I'm going to remove your hat, take a look, and put it back on, okay? >> Yeah, all right. >> All right, thanks, sir. All right, please have a seat. It's easier if you back into it, okay? Watch your head. Okay, it's back here, great. That makes it easier. There you go. Okay, push. >> Uh can I fix the this >> It's It's easier if you try your other hand. >> It doesn't matter which way cuz it's too tight on my wrist to begin with. >> I'll do it. I'm going to do a trespass. We'll do a trespass for him. >> And we need >> Yeah, trespass. >> Burley. Uh you need a waiver. >> Okay, we'll get going pretty soon, okay? All right. That's all I need. Yeah, you >> for him. I'll do I'll do a I'm going to do a trespass. Give him the sign trespass form and then Shannon Burley. >> Yep. >> Uh you need a waiver. >> Uh I can Yeah, sure. Go 27 section 1. That's too quick. >> You can get his bag right here or at the PD. We do it the same here. >> Okay. >> I'll get him now. >> All right. I'm going to do a I'm going to do the trespass form here, sir. >> He was taken into custody and transported to the Edmonds Police Department for questioning. >> Okay. >> Um we're here about something that happened at the Frances Anderson Center last week. And it was actually on Monday, um the afternoon right around about the same time of day actually, 5:00 8:00 to 6:00 thereabouts. Uh can you Do you remember Do you know what what I'm talking about up there? You're on video up there and walking around the hallways and somebody had a complaint about something that happened and we're just curious if you are aware of what we might have been talking about. >> Not really. >> Okay. Mind if I ask you some questions? >> About what? About what? >> About the incident up there. Just kind of explain what's going on and hopefully you can help me understand your side of the story. There's always two sides to any perspective, [clears throat] any story. I just want to understand what's going on from you because we heard some accusations about by somebody and I just want to understand from your side of the story what actually happened because there's always two sides. >> I am not going to talk about anything with you. >> The the allegation is or anything like that at all, huh? Just I to say anything at all. Don't want to talk. >> No, really, cuz I just Like what? >> Okay. Well, I'm going to tell you you you already >> You're just you're just going to twist words and I >> I'm not going to twist anything. That's why the cameras are here. >> No, I mean, of course not, cuz you're the detective. You're you're going to say that to me, of course. I mean, just >> You're you're on camera. The video doesn't lie. So, So, here's what you're under arrest for. You're under arrest for assault 4. It's a assault 4 of a young girl uh with sexual motivation. So, uh you're going to be going to jail for that. And unfortunately, you're not willing to tell me your side of the story and you're invoking your right to silence. I'm sorry to hear that because I wanted to hear your side of the story and understand the rest of the perspective. >> Well, that's what I would tell my lawyer. It's I mean, but yeah, it's >> During an interview, Hardesty declined to discuss the allegations and invoked his right to remain silent. He was later booked into the Snohomish County Jail on suspicion of fourth-degree assault with sexual motivation. >> Yes, you're still under arrest. >> Okay. >> So, what's going to happen is uh you're going up to the Snohomish County Jail up in Everett. You're going to get booked for one count of assault in the fourth degree, which is a gross misdemeanor. >> I want to talk to my lawyer. What? I have the right to say with my like like You can just Like, you know, what? Assume I even have the right to like what? Like what? >> Can I Can I explain uh what's going to happen from there? Uh Do you Do you want me to explain the process? >> Yeah. >> [sighs and gasps] >> Okay. So, you're going to go to the jail tonight. You're going to get booked. Tomorrow morning or some point tomorrow uh a judge will review our report our probable cause statement. They will determine if there's probable cause to that you should be arrested, right? Which is what our standard is, okay? >> they they they can do this to anybody. Like, they wouldn't talk to a judge first before booking somebody? I guess not. I guess it depends on what. >> No. Everybody has a probable cause review within I think 48 hours. Okay? So then the judge will review the probable cause statement. They will make a determination on bail. There's potential that they could release you. There's potential that you could stay in jail. And the judge could set a bail amount. Okay? And then then at some point you have a right to a speedy trial. I believe it's 60 days if you're still in in custody in jail. If the prosecutor decides you're going to be charged for the crime that we're arresting you for. Okay? >> But prosecutors say there was not enough evidence for a felony charge. As Fox 13's Lauren Donovan explains, it appears he's back at it. >> We kind of thought we addressed that issue then by booking the person into jail. >> Despite the arrest, the case would take an unexpected turn in the months that followed. After reviewing the evidence, prosecutors declined to pursue the sexual motivation enhancement that investigators had originally sought. As a result, the more serious allegation was dropped and the case was sent back to municipal court to be handled as a standard fourth-degree assault charge. Without the sexual motivation enhancement, Hardesty was no longer facing the heightened charge detectives believed was supported by the investigation. He was released from custody while the case proceeded through the court system, allowing him to remain in the community as the legal process continued. By May 2024, the case had been refiled as a simple misdemeanor assault, marking a significant shift from the original allegations that led to his arrest. >> One of our detectives who specializes in these types of things and the word that she used was brazen. Like it's it's brazen behavior and appears to be no regard for potential consequences. >> But Alexander Hardesty wasn't done. Within months of walking free, he was spotted outside Brookside Elementary at 8:45 in the morning, then near a children's swim area, then outside Ridgecrest Elementary right as kids were getting out. The school went on lockdown, district sent home flyers. Staff were told to call 911 on site. And through all of it, Alexander Hardesty has never been placed on a sex offender registry, never served real time. The system handed him a misdemeanor and he used that freedom to keep showing up wherever children are.

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