Snohomish County prosecutors on Thursday charged Edmonds Police officer Daniel Lavely with custodial sexual misconduct in the first degree, a felony crime.
The arraignment hearing is Tuesday at 3 p.m. at Snohomish County Superior Court in Everett.
Daniel Lavely, a 7½-year employee of the department assigned to the patrol division, was arrested on one count of custodial sexual misconduct by Everett Police on June 7.
Charging papers written by Snohomish County deputy prosecutor Adam Cornell report that Lavely is also under investigation by the U.S. Navy Criminial Investigative Service (NCIS). Lavely was a police officer for 20 years in the Navy. NCIS in investigating allegations that Lavely molested his former stepdaughter.
It does not appear that any of the alleged sexual misconduct occurred in Snohomish County, according to court documents.
It was on May 9 that the Edmonds Police Department received the complaint alleging that Officer Lavely had sexual intercourse with a 28-year old Seattle woman who was in his temporary custody on May 7.
Due to the seriousness of the allegation the officer was immediately placed on administrative leave and his law enforcement authority was suspended. At the request of Edmonds police, the Everett Police Department conducted a criminal investigation, the findings of which were presented to the prosecuting attorney, said Edmonds Police Sgt. Mike Blackburn.
"With the criminal investigation now complete, Edmonds Police Department will immediately initiate an internal affairs investigation based on the investigatory file and review of the probable cause as determined by the Snohomish County prosecuting attorney," said Blackburn.
"The facts derived from the internal investigation will be reviewed to determine what, if any, disciplinary actions the City of Edmonds may take with regard to Officer Lavely and regarding his future status as an employee of the City."
The 47-year old Lavely was hired by the police department on Dec. 2, 2004. He remains on administrative leave.