Roby at same store as alleged victim is too coincidental, prosecutor says

Assistant Linn County Attorney Jason Burns argued Tuesday that William Roby violated a no contact order of his alleged kidnapping and rape victim last month by maintaining eye contact with her in a store, knowing she would be scared.

Burns said Roby, 51, charged with first-degree kidnapping, within 24 hours of posting bond showed up at the Hy-Vee store on Wilson Avenue May 24, the neighborhood where he knows the alleged victim's sister and family lives.

“It seems too coincidental,” Burns said. “His actions constitute a violation of the order.”

Ahmet Gonlubol, Roby's attorney, argued a violation would be if contact was intentional and deliberate but in this case Roby, who's staying in the Waterloo area, just stopped by to get money from the credit union inside the store and some beer. When he saw the woman and her sister he left. There was no violation.

“His look was more that he was probably more frightened of them because he knew there was a no contact order in place,” Gonlubol said.

Roby paid bail last month on his $100,000 bond, which was revoked last week because of this incident. The judge also set a $5,000 cash only bond on the no contact violation and reinstated the original $100,000 bond plus an additional $500,000 cash only bond for violation of his pretrial release.

Roby is accused of forcing his 62-year-old ex-girlfriend into his apartment May 15 and sexually assaulting her three times over nearly 10 hours, according to a search warrant filed last month. The woman said she convinced him to let her go to work the next morning.

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 Tuesday she saw Roby in the liquor area of the store as they were waiting to check out. She saw the “startled” look on her sister's face and then saw Roby about 10 feet away in an aisle.

The woman said he never said anything to them. Roby just stared at them as he walked towards the back of the aisle but maintained eye contact with them until he left the liquor area and went into the main grocery store. She called 911 to report what happened and walked out to see him leave the store.

The woman said she was “frightened” and “felt weak.”

Gonlubol on cross said “He saw you and your sister and then walked away, didn't he?”

The woman said he did but he watched them until he left.

The alleged victim wasn't present for the hearing.

John Gandara, an investigator for the State Public Defender's Office, testified about the surveillance tape. Roby was in the liquor store area less than two minutes and after he left that area of the store he exited the main store about four minutes later.

The tape wasn't shown in court.

Sixth Judicial District Judge Paul Miller said he would review the tape and file a written ruling next week.