WEST SILOAM SPRINGS, Okla. — A West Siloam Springs police officer has been arrested after the alleged rape of an intoxicated woman he drove home from the Cherokee Casino in Oklahoma in the early morning hours of Feb. 12.
Officer Cody Kackley was arrested three days later after the victim reported the incident to the department.
According to court documents, the woman told police that she and a friend went to the casino on Feb. 11 at around 8 or 9 p.m. where they hung out and drank "between 4 and 10 beers."
She said that as they were walking out of the casino, there were "a ton" of officers, and she was handcuffed for 10-15 minutes.
During the investigation, casino employees told detectives that the woman was cut off from drinking by 1 a.m. and asked her and her friend to get a ride home. Investigators reviewed Cherokee Casino surveillance footage from that night and stated "you can clearly see the victim was highly intoxicated" and that "she had trouble maintaining her balance and was falling into people and objects," in the arrest affidavit.
The woman's account of the incident described Officer Kackley as being "really nice" to her and he allegedly told her that the charges were dropped, and uncuffed her.
The affidavit says that "The victim said she thought it was safe to ask him for a ride home since he was a police officer."
While viewing Kackley's bodycam footage, investigators noted that he looked up the Oklahoma Code for Rape about 30 minutes before getting in his patrol car to take the woman home. The affidavit says the footage shows him read that a victim can't give consent if they are intoxicated, including oral sex— which is what the woman told police happened between her and Officer Kackley when he went into her house.
The woman said that when they arrived at her home, he walked her to the front door and then he went inside and "pulled out his stuff." According to reports, her brother found the two together and he later filed a complaint with the West Siloam Springs Police Department.
"The victim repeatedly said it was her fault this happened because she was intoxicated and had trouble remembering everything that happened that night," the report states.
When confronted with the evidence gathered, Kackley said the victim "wanted to perform oral sex on him" and that it happened for about five minutes before her brother came home.
Kackley reportedly admitted to knowing the woman was "very intoxicated" and told investigators that he estimated her blood alcohol level to be 0.20 "based on his experience with intoxicated people."
According to the affidavit, he said he "messed up" and started crying. He was then placed under arrest, charged with rape, and transported to the Benton County Jail on Feb. 15.
The city attorney for West Siloam Springs confirmed that Kackley was fired on Feb. 13.
Bond was requested to be set at $75,000.
On March 27, 2023, Benton Co. Circuit Judge Brad Karren issued a no-contact order against former West Siloam Springs police officer Cody Kackley, ordering Kackley to stay at least 1500 feet away from the unnamed rape victim.
According to the order, Kackley also cannot be in possession of firearms, ammunition, alcohol, illegal controlled substance, and those he doesn't have a prescription for.
Benton County prosecutor Nathan Smith confirms the case was also reset to 5/9/23.
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