Kidnapping, Sexual Assault Suspect Free on Bond Again
CEDAR RAPIDS, Iowa - A judge reinstated a $100,000 bond Tuesday set for a man charged with first-degree kidnapping last month because another judge ruled last week there was no violation of a no contact order against the alleged victim.
Sixth Judicial District Senior Judge Thomas Koehler reinstated the original bond set for William Roby, 51, of Cedar Rapids, finding Roby didn't violate his pretrial release since Judge Paul Miller concluded Roby didn't willfully violate the no contact order.
Miller stated in his written ruling the state failed to prove beyond a reasonable doubt that Roby tried to intimidate the alleged victim by making eye contact with her at the Hy-Vee store on Wilson May 24.
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 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.
Ahmet Gonlubol, Roby's attorney, argued Roby 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.
Assistant Linn County Attorney Jason Burns argued Tuesday that the bond level should be increased because $100,000 bond wasn't appropriate for a Class A felony and because Roby had a violent criminal history. Roby was convicted of attempted murder in 1991 and stabbed a person who had made a criminal complaint against him.
Gonlubol said the state and Department of Corrections recommended the $100,000 last month. There is no basis to increase the bond as the state requested.
The attempted murder charge against Roby was 20 years ago and the state's allegations are unfounded, Gonlubol said.
"It wasn't a witness. It was someone who victimized Mr. Roby. There's no trial information of that," Gonlubol said.
If the bond is reinstated Roby will live with his parents in Ft. Dodge, Gonlubol told the judge.
Koehler said he would reinstate the original bond and it wouldn't be increased.