Q13 FOX News Online
1:22 AM EDT, November 2, 2012
Edmonds police officer Daniel Lavely has been formally charged with custodial sexual misconduct, a felony, for allegedly having sex with a Seattle woman who was in his custody, the Edmonds Police Deparment announced Thursday.
The department said in a news release that the Snohomish County prosecutor informed it of the formal charge against Lavely, 47, earlier in the day.
The department said it received the initial complaint against Lavely May 9, two days after the sexual incident allegedly occurred.
The officer allegedly, while on duty and in uniform, had intercourse with a woman he had in custody. The officer is assigned to the patrol division and has worked for the Edmonds Police Department for 7 1/2 years.
The Seattle Times said charges filed by Snohomish County Deputy Prosecutor Adam Cornell contend Lavely first contacted the alleged victim, a 28-year-old Seattle woman, after she reportedly jaywalked on Highway 99 in Edmonds on the night of May 6.
Early the next morning, Lavely encountered the same woman while responding to a 911 call about her fleeing from 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.
The Seattle woman told investigators that 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, according to the Times.
Because of the nature of the allegation, the officer was immediately suspended and placed on administrative leave.
The Edmonds Police Department requested that the Everett Police Department investigate the allegation, and they determnied there was probable cause to believe that there was criminal conduct.
The officer's employment status with the city of Edmonds will be made by the department after a thorough review of the Everett Police Department's investigation into the matter.