Anthony Zayas hugs defense attorney Samantha Sommerman after a jury acquitted the former sheriff’s deputy of third-degree child rape on Monday in Everett. (Herald staff)

Anthony Zayas hugs defense attorney Samantha Sommerman after a jury acquitted the former sheriff’s deputy of third-degree child rape on Monday in Everett. (Herald staff)

Jury acquits Snohomish County ex-deputy of child rape

Anthony Zayas, now 27, testified in his trial. A jury took five hours to return a verdict of not guilty.

Content warning: This story contains allegations of sexual assault.

EVERETT — A jury acquitted a former Snohomish County sheriff’s deputy who was charged with third-degree rape of a child.

Anthony Zayas, now 27, cried tears of relief and hugged defense attorney Samantha Sommerman as he heard the verdict read around noon Monday in Snohomish County Superior Court. As soon as the court hearing ended, the defendant hugged his mother and other family members who sat through three days of trial testimony.

Under state guidelines, Zayas faced 12 to 14 months in prison if convicted.

The defendant was employed as a Snohomish County sheriff’s deputy from 2019 to 2021. On June 20, 2020, he reportedly had sexual contact with a 14-year-old girl he met on the internet through the dating application Tinder, according to charging papers. The girl used a fake name on her dating profile and wrote that she was 19.

The defendant, formerly of Arlington, took the witness stand Friday in his trial, claiming he believed the girl was over 18 when they met. The former deputy asked her age and birth date when they met, he testified. She reportedly told him she was 18 and would be turning 19 in August. She provided him with an exact date and year: Aug. 27, 2001.

Defense attorney Samantha Sommerman asked Zayas if he thought that answer was a red flag.

“Not with the way that she responded,” Zayas told the courtroom. “It was really smooth and confident — it’s like if you asked me my birthday, how I would respond to you — without any hesitation.”

Zayas testified that the girl’s appearance did not give him pause about her stated age of 18.

“She looked exactly to me as the person in the pictures,” Zayas said. “I recognized her based off of her Tinder profile.”

The jury believed Zayas. Twelve jurors — seven women and five men — deliberated for about five hours before returning a not-guilty verdict.

In Washington, a person is guilty of rape of a child in the third degree when the person has sexual intercourse with another who is at least 14 years old but less than 16, and the perpetrator is at least four years older than the victim.

Deputy prosecutor Jarett Goodkin argued that, under the law, Zayas had a responsibility to verify the girl’s age.

“She’s made bad decisions,” Goodkin told the courtroom Friday in his closing argument. “She’s done things she shouldn’t have. She’s run away. She’s got mental health problems. But isn’t really what this law is about — is to protect children just like her?”

Zayas’ defense attorney argued he made a reasonable effort to verify the girl’s age.

“He trusted her,” Sommerman said Friday in her closing argument. “He trusted (the girl) when she told him, repeatedly, that she was 18, soon to be 19. He didn’t ignore the warning signs. He asked questions. He asked follow-up questions.”

After the verdict was announced, Sommerman said she felt encouraged to see that justice had been done.

“Anthony Zayas matched with a 19-year-old college student on Tinder,” Sommerman said in an interview. “She repeatedly said she was 18, soon to be 19. She gave him no information to the contrary. She had an extremely intricate backstory: She had tattoos, she smoked cigarettes. For any questions Anthony had about her story, she had quick, confident answers. That’s why the jury acquitted him of this charge, because he truly believed her lies.”

The deputy prosecutor declined to comment on the verdict.

Zayas was placed on administrative leave in August 2020 while the Snohomish County Sheriff’s Office conducted an internal investigation, sheriff’s office spokesperson Courtney O’Keefe said. He resigned March 2.

The former deputy now lives near Monterey, California, with his mother and her boyfriend, he testified. He no longer works in law enforcement, and he has since found a job in the restaurant industry.

Ellen Dennis: 425-339-3486; edennis@heraldnet.com; Twitter: @reporterellen

Talk to us

> Give us your news tips.

> Send us a letter to the editor.

> More Herald contact information.

More in Local News

Customers enter and exit the Costco on Dec. 2, 2022, in Lake Stevens. (Olivia Vanni / The Herald)
Costco stores could be impacted by looming truck driver strike threat

Truck drivers who deliver groceries and produce to Costco warehouses… Continue reading

Two Washington State ferries pass along the route between Mukilteo and Clinton as scuba divers swim near the shore Sunday, Oct. 22, 2023, in Mukilteo, Washington. (Ryan Berry / The Herald)
Ferry system increases ridership by a half million in 2024

Edmonds-Kingston route remains second-busiest route in the system.

Jasmine Donahue talks about being a place for people leave messages when looking for family members, friends or loved ones on the street on Thursday, Jan. 9, 2025 in Everett, Washington. (Olivia Vanni / The Herald)
Everett extends deadline for homeless service facing closure

Hope ‘N Wellness must now comply with city zoning laws by April 30. The organization is “grateful,” its owner said, but still hopes for a permanent solution.

New Greater Everett Chamber of Commerce CEO CEO Wendy Poischbeg speaks at a kick off event on Wednesday, Jan. 15, 2025 in Everett, Washington. (Olivia Vanni / The Herald)
‘Everett Rising’: Wednesday’s chamber luncheon to showcase a new era of growth.

The Greater Everett Chamber of Commerce is beginning its efforts… Continue reading

The Edmonds School District building on Friday, Feb. 14, 2025 in Lynnwood, Washington. (Olivia Vanni / The Herald)
Edmonds School District faces estimated $8.5 million deficit

The shortfall is lower than previous years, but the effects are “cumulative,” Superintendent Rebecca Miner said.

Robin Cain with 50 of her marathon medals hanging on a display board she made with her father on Thursday, Jan. 2, 2025 in Lake Stevens, Washington. (Olivia Vanni / The Herald)
Running a marathon is hard. She ran one in every state.

Robin Cain, of Lake Stevens, is one of only a few thousand people to ever achieve the feat.

People line up to grab food at the Everett Recovery Cafe on Wednesday, Dec. 4, 2024 in Everett, Washington. (Olivia Vanni / The Herald)
Coffee, meals and compassion are free at the Everett Recovery Cafe

The free, membership-based day center offers free coffee and meals and more importantly, camaraderie and recovery support.

Hundreds rally against Trump on Presidents Day in Everett

People lined Broadway with signs and flags, similar to other protests across the country.

The Everett Wastewater Treatment Plant along the Snohomish River on Thursday, June 16, 2022 in Everett, Washington. (Olivia Vanni / The Herald)
Everett water, sewer rates could jump 43% by 2028

The rate hikes would pay for improvements to the city’s sewer infrastructure.

The bond funded new track and field at Northshore Middle School on Thursday, Oct. 24, 2024 in Bothell, Washington. (Courtesy of Northshore School District)
Northshore School District bond improvements underway

The $425 million bond is funding new track and field complexes, playgrounds and phase one of two school replacements.

Alina Langbehn, 6, center, and Vera A., 6, right, sit on a swing together at Drew Nielsen Neighborhood Park after school on Tuesday, Jan. 28, 2025 in Everett, Washington. (Olivia Vanni / The Herald)
Everett council votes to renovate Drew Nielsen Park

Construction on the $345,000 upgrade could start as early as this fall.

Northshore School District bus driver Stewart O’Leary pictured next to his buses shattered drivers side windshield on Friday, Feb. 14, 2025 in Bothell, Washington. (Olivia Vanni / The Herald)
‘Put me in, coach’: Bus driver back at work after struck by metal bar

Stewart O’Leary, a Northshore employee, has received national attention for his composure during a frightening bus trip.

Support local journalism

If you value local news, make a gift now to support the trusted journalism you get in The Daily Herald. Donations processed in this system are not tax deductible.