DAYTONA BEACH, Fla.-Volusia County Sheriff Mike Chitwood on Saturday blasted a judge’s ruling allowing the release of a recently convicted sex offender while he appeals his conviction.
- Mark Fugler convicted of child-sex crimes
- Judge OK'd post-conviction release Thursday
- Chitwood said appeals could take years
Mark Fugler, 61, a former Embry-Riddle Aeronautical University professor, was sentenced to 15 years in state prison in August for a sex case involving an elementary school-aged child.
After asking for a review by the 5th District Court of Appeal in Daytona Beach, Fugler’s attorneys filed for something called a supersedeas bond, which allows convicts to be released while their cases are on appeal.
"The innocence of a child was stolen and the judge, in his infinite wisdom, decides that we're going to let this guy out on bond pending the outcome of his appeal," Chitwood said Saturday. "He was convicted by a jury of his peers. He was sentenced to 15 years. The only thing he should get is a 12-by-12 jail cell and sit in there and rot until his appeal goes through."
Senior Judge R. Michael Hutcheson approved the supersedeas bond on Thursday for the Ormond Beach man despite opposition from the State Attorney’s Office and mother of the victim.
“Mark Fugler is a sexual predator that does not deserve a supersedeas bond,” the mother wrote in a letter to Hutcheson released to the media Saturday.
"A slap in the face of the young victim"
Chitwood called out Hutcheson on Facebook on Friday, saying the “appeal process could take years.”
“I strongly disagree with Judge Hutcheson's decision in this case,” Chitwood wrote. “It's an injustice and a slap in the face of the young victim and her family.”
He reiterated those concerns during Saturday’s news conference outside of the S. James Foxman Justice Center on North Ridgewood Avenue.
Records show Fugler remained in custody on Saturday at the Volusia County Branch Jail in Daytona Beach. It was unknown when he would be released.
Attorneys argue release is lawful
His attorneys argued in a motion that Fugler's release is allowed under the law. He has deep roots in the community and always made court appearances in the past while he was out on a $200,000 bond before his conviction, the motion states.
He will live with his wife and comply with sex-offender restrictions, including wearing an ankle monitor to monitor his movements, while his case is being appealed, the motion states.
"The Defendant has never failed to appear before the court while his charges were pending, despite knowing that the charges carried a consecutive total exceeding 100 years in prison," the motion said. "the defendant has resided in the Ormond area for the past 26 years and has been married for over 38 years."
The victim’s mother said Fugler doesn’t deserve freedom until after he serves his 15-year sentence.
“The crime he committed, multiple times, to my young daughter, over a two-year span, during which he was assumed to be a harmless, trusted friend to me and mentor along with being a respected member of this community, is proof that is capable of heinous acts outside of his portrayed character,” the mother wrote. “These hidden illegal actions are what he chose to do with his freedom.”
Motion for new trial?
Fugler was found guilty in June of three counts of lewd and lascivious exhibition to a victim under the age of 16, three counts of lewd and lascivious conduct, and three counts of showing obscene material to a minor.
Prosecutors say that from August 19, 2014 to June 20, 2016, Fugler showed pornographic materials to the child, and performed sex acts in front of the child.
His attorneys are questioning a "child hearsay motion" that came up during trial and filed for a motion for a new trial based on three issues allegeging insufficent evidence.
"As such, the defendant will appeal these issues, as well as others not yet discovered, during his good faith appeal," the motion states.
After his arrest in 2016, Embry-Riddle placed the tenured professor on “indefinite suspension without pay and/or benefits,” according to his lawsuit against the university.
He sued the Embry-Riddle, saying the university wasn’t allowed to take that action under the rules outlined in the faculty handbook.
He had no prior criminal history before these incidents, officials said.