August 2, 2013 at 5:43 AM
Ex-Edmonds cop found guilty of having sex with detained woman
Daniel Lavely, a former Edmonds police officer, has been convicted of sexual misconduct for having sex with a woman he had detained in May 2012.
Jurors deliberated for 2 1/2 days before reaching a verdict Thursday, The Herald (of Everett) reports. He will remain free until sentencing on Sept. 23, the newspaper reports.
His trial in Snohomish County Superior Court had begun on July 23.
Lavely resigned from the department in January after an internal investigation into the incident resulted in him learning that he could possibly be fired. Lavely, 48, had been with the police department for eight years.
According to charges filed by the Snohomish County prosecutor’s office, Lavely first contacted the victim, a then-28-year-old Seattle woman, after she reportedly jaywalked on Highway 99 in Edmonds on the night of May 6, 2012.
Early the next morning, Lavely encountered the same woman while responding to a 911 call about her fleeing the emergency room at Swedish Medical Center, Edmonds Campus. Lavely found the woman at a nearby motel and placed her in the back of his patrol car, according to charges.
The Seattle woman told investigators Lavely drove her to the “poorly lit back parking lot” of the Burlington Coat Factory in Edmonds and forced the woman into sex, charges said.
It’s a crime for an officer on duty to engage in sex with a person being detained, even if that sex is consensual.
While Everett police, who were brought in to investigate the incident, say the woman was not handcuffed, the charges say she was “detained, under arrest or in the custody of the defendant.”
Everett police investigated the sexual-misconduct allegation and forwarded the case to Snohomish County prosecutors, who filed charges in November.
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