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Roy v. City of Everett

2/6/1992

ice asked Roy to complete a written statement about the assault and alleged theft. Roy stated that she would call later and set up an appointment to complete the report. On October 27, an officer called Roy's home to ask about the written statement. Roy was not at home, so the officer asked that Roy return the call. On October 31, 1983, police closed Roy's case because Roy would not return their phone calls or submit a written statement.


On December 5, 1983, Glenn slapped Roy. Roy called the police, who responded and brought her to her parents' home.


On January 5, 1984, Glenn hit Roy and "slammed" her into the kitchen wall, then dragged her into the bedroom, threw her onto the bed, pointed a gun at her, and threatened to shoot her. He pulled the trigger of the gun three times, but the weapon was not loaded. Glenn then dragged Roy into the living room, where they remained until approximately 5 a.m., when Roy went into the kitchen. Glenn tried to drag Roy from the kitchen and Roy threw pans at him. Roy, who was pregnant, felt sharp contractions.


A neighbor of Roy called the police. Officers responded to the call and took Roy to the hospital. Roy refused to tell the officers what had occurred. Glenn entered Roy's hospital room and harassed her until hospital personnel threatened to call the police if he did not leave.


On January 6, Community Service Officers (CSO's) drove Roy from the hospital to her apartment. Roy saw Glenn's car at her home and became upset. CSO Campbell called a police officer to the scene. Several police officers responded and the officers, the CSO's, and Roy entered the apartment. While the police officers went into the bedroom, where


Glenn was sleeping, Roy and the CSO's stayed in the living room.


Roy told the CSO's that Glenn held a gun to her head the previous night, but said that she did not want to do anything about it. When the police officers returned to the living room, Roy or CSO Campbell told them that Glenn had a gun. The police officer took Glenn's gun "for safekeeping". Glenn left the house, but returned briefly to give Roy his house key.


Roy alleges that Officer Campbell knew, when Glenn returned to the house, that he assaulted Roy with a weapon the previous night. Officer Campbell recalled that Roy did not tell him of Glenn's conduct and threats to kill her until after Glenn left the house the second time. The police placed Glenn's gun in the police property room and referred the case to the prosecutor's office.


On January 12, 1984, police called Roy about the assault. Roy was not at home, so they left a message for her. On January 16, 1984, the Victim Assistance Unit of the prosecutor's office sent Roy a letter, notifying her that the prosecutor would be filing charges in her case and asking that Roy contact the prosecutor's office and the Victim Assistance Unit about the case. While the case was pending, on January 18, police returned Glenn's gun to him. On January 24, the prosecutor's office sent a second letter to Roy, asking that she contact their office. The Victim Assistance Unit notified the assistant prosecutor on February 24 that it could not reach Roy. On April 12, 1984, the prosecutor notified the Everett Police Department, specifically Officers Campbell and McDonald, that he could not press charges unless the witness cooperated and that he could not reach Roy. The prosecutor also asked for a witness statement. On July 15, 1984, Glenn threatened Roy and would not let her leave her apartment. Police went to Roy's home and impounded Glenn's weapon for safekeeping. They returned the weapon to Glenn approximately 6 weeks later, on September 4.


On Sept

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