Judge Rules Man Charged With Kidnapping Didn't Violate No Contact Order
By Trish Mehaffey, Reporter
CEDAR RAPIDS, Iowa – A man accused of kidnapping and sexually assaulting a woman last month could be a free man again because a judge ruled Thursday he didn't willfully violate his no contact order with the alleged victim.
Sixth Judicial District Judge Paul Miller stated in the written ruling the state failed to prove beyond a reasonable doubt that William Roby, 51, tried to intimidate the woman by making eye contact with her at the Hy-Vee store on Wilson May 24.
Roby paid his $100,000 bail last month after being charged with first-degree kidnapping but it was revoked after he was arrested for the violation of the no contact order and violation of pretrial release.
Roby is accused of forcing his 62-year-old ex-girlfriend into his apartment May 15 and sexually assaulting her three times for nearly 10 hours, according to a search warrant filed last month. While being held captive, Roby threatened to kill the woman's cat if she didn't follow his orders and also threatened to kill her and himself if officers showed up, according to a search warrant.
The woman also told police Roby had sexually assaulted her two weeks before, but she didn't report it because she feared him. He was convicted of attempted murder in 1991.
The alleged victim's sister testified last week she saw Roby about 10 feet from them in the liquor area of the store as they were waiting to check out. The woman said Roby never said anything to them, he just maintained eye contact with them as he walked around to the back of the store and went into the main area of the store.
The woman said she was scared. However, she admitted to Ahmet Gonlubol, Roby's attorney, that Roby walked away when he saw them.
The alleged victim wasn't present at that hearing.
Gonlubol argued Roby, who is staying in the Waterloo area pending trial, just stopped by to get money at the credit union inside the store and some beer. He said there was no violation. Roby left when he saw them.
There is a hearing set 9 a.m. Tuesday on the state's application that Roby violated the terms of the pretrial release, which may not be valid since Miller ruled there was no violation of the no contact order.
Gonlubol or Assistant Linn County Attorney Jason Burns didn't return phone messages left Friday.