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An Edmonds police officer being prosecuted for allegedly having sex with a woman he detained in May resigned Tuesday.

Officer Daniel Lavely resigned from the department after an internal investigation into his alleged misconduct resulted in him learning that he could possibly be fired, according to a news release.

Lavely’s final disciplinary decision was supposed to be handed down by the department Tuesday.

Lavely, 48, was placed on administrative leave May 9 and was subsequently arrested by Everett police, authorities said.

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He had been with the department for eight years.

According to charges filed by the Snohomish County prosecutor’s office, Lavely first contacted the alleged victim, a 28-year-old Seattle woman, after she reportedly jaywalked on Highway 99 in Edmonds on the night of May 6.

Early the next morning, Lavely encountered the same woman while responding to a 911 call about her fleeing the emergency room at Swedish Medical Center, Edmonds Campus.

Lavely found the woman at a nearby motel and placed her in the back of his patrol car.

The Seattle woman told investigators Lavely drove her to the “poorly lit back parking lot” of the Burlington Coat Factory in Edmonds and forced the woman into sex, charges said.

While Everett police, who were brought in to investigate the incident, say the woman was not handcuffed, the charges say she was “detained, under arrest or in the custody of the defendant.”

Everett police investigated the sexual-misconduct allegation and forwarded the case to Snohomish County prosecutors in June.

Lauren Gotchy, who is representing Lavely in the felony case, said her client maintains his innocence.

“He was told that he would be fired and was given the opportunity to resign,” Gotchy wrote in an email.

“Resigning from the Edmonds Police Department was extremely difficult because he loved his job, valued the profession, took pride in serving the community, and respected his fellow officers. His decision to resign is not an admission of guilt whatsoever.”

Jennifer Sullivan: 206-464-8294 or On Twitter @SeattleSullivan.

Information from Seattle Times archives is included in this report.

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