Editor’s Note: Some of the details of this story are graphic. Reader discretion is advised.
WEST SILOAM SPRINGS, Okla. (KNWA/KFTA) — A West Siloam Springs officer resigns after he was arrested on Feb. 15 for rape, according to an affidavit.
The affidavit says, Cody Kackley, 35, is facing a felony rape charge with a bond set at $50,000. He is currently in custody in Benton County Jail.
According to the affidavit, on Feb. 13, a licensed professional counselor contacted police and told them that a woman was sexually assaulted by a West Siloam Springs police officer, later identified to be Kackley, over the previous weekend.
The affidavit says on Feb. 14 the woman met with police and told them that on Feb. 11, around 8 or 9 p.m. she and her friend went to Cherokee Casino in West Siloam Springs. The woman told police she had to call her brother to pick the two women up after they had been drinking.
The affidavit says the woman told police they walked outside to her vehicle to wait for her brother when they were surrounded by “a ton” of West Siloam Springs officers.
The woman told police the officers told her she was being accused of an incident that occurred inside the casino, placed her in handcuffs and put her in the back of a patrol vehicle, according to the affidavit,
The affidavit says the woman told police Kackley talked to her and was “really nice” to her. The woman said she was eventually told the charges were dropped and she was free to go, and her handcuffs were removed.
The woman told police she thought it was safe to ask Kackley for a ride home since he was a police officer, according to the affidavit.
The affidavit says the woman said she and Kackley flirted back and forth with each other during the drive. The woman said Kackley told her he was going to turn his body camera off.
The woman told police when they arrived at her home, Kackley walked her to the front door, according to the affidavit. The woman stated she thought it was odd Kackley walked her to the door but thought he was just being nice.
The affidavit says the woman told police they walked into her home and into her bedroom where she said Kackley pulled out his penis and she began performing oral sex on Kackley. The woman said she could not remember if Kackley said anything to her during the incident.
The woman told police her brother then walked into the bedroom, and they stopped. The affidavit says the woman’s brother filed a complaint with the West Siloam Springs Police Department about the incident.
The affidavit says on Feb. 15, police went to the Cherokee Casino to review surveillance video of the woman.
The affidavit says the video shows the woman was highly intoxicated and says it shows the woman without handcuffs in Kackley’s patrol vehicle as it was leaving the casino’s parking lot.
The affidavit says police interviewed Kackley on the same day.
According to the affidavit, Kackley told police he was sent to the casino for a possible crime by the woman. Kackley said the woman was handcuffed and placed in the back of another officer’s patrol car.
The affidavit says Kackley told police he could smell alcohol coming from the woman. Kackley said at first he did not think the woman was that intoxicated. Kackley told police he was trying to downplay her level of intoxication because he did not want to be arrested for what he had done.
Kackley told police the victim had trouble remembering events from early in the night and who she was with. Kackley said he kept the woman detained in the front seat of his patrol vehicle to determine her level of intoxication and whether she was going to jail. Kackley said he did not give the woman a field sobriety test and gave her a ride to her home.
Kackley told police he did go inside the woman’s home and into her bedroom. Kackley said the woman wanted to perform oral sex on him. Kackley said they engaged in sexual activity for five minutes until he heard the woman’s brother come into the house and he got up and ran into the bathroom.
The affidavit states Kackley admitted the woman was very intoxicated during the time he was with her. Kackley estimated her blood alcohol level was around 0.20 “based on his experience with intoxicated people.” Kackley told police if the woman was sober or slightly intoxicated, she would not have performed oral sex on him.
Kackley told police he “f***** up” and had disgraced the badge which is why he resigned from the West Siloam Springs Police Department after the incident. Kackley said he felt bad for what he did, according to the affidavit.
Kackley was placed under arrest and transported to the Benton County Jail.
The affidavit lists events regarding the woman that were recorded on Kackley’s body cam. The affidavit said the body cam showed Kackley stating “she is wasted” referring to the woman.
According to the affidavit, the body cam showed Kackley reading the Oklahoma Code for Rape. The body cam shows Kackley reads where a victim can not give consent if they are intoxicated. The affidavit says oral sex would fall under the rape code in Oklahoma.
The affidavit says the body cam shows Kackley asking “she passed out yet?” referring to the woman. Another officer says “she was getting close.”
According to the affidavit, the body cam shows Kackley and the woman getting into the front seat of his patrol vehicle. It then shows Kackley turn the body cam off while still in the parking lot of the casino.
The affidavit says Kackley’s body cam then starts recording where he tells other officers “I’m going to take the drunk home” referring to the woman. The body cam then shows Kackley getting back into his patrol vehicle and turning the camera off.
The affidavit says Kackley has no criminal history.