State Attorney calls Florida man's release from jail without conviction an 'administrative' error

State Attorney Monique Worrell cleared up inquiries about a prosecutorial "error" regarding the decision to offer a man accused of sexual battery a plea deal without a conviction, thus allowing him to be released from jail.

She said a paperwork mistake is to blame for a clerical error — but she maintains the error did not change the outcome of the case.

What we know:

In a Dec. 11 press conference, State Attorney Monique Worrell said Tyler Feight, 26, – who is accused of sexual battery against a woman who was jogging in College Park – was released because the prosecutor's office found Feight's "intentions could not be proven beyond a reasonable doubt," Worrell said. 

The offer was discussed and approved by the victim in advance of the plea being given, Worrell said. 

Feight was sentenced to 225 days in jail, which was well within the appropriate sentencing for the offense he was charged with, Worrell said. Feight had already served this jail time while he was awaiting trial, FOX 35's Marie Edinger reported. 

"It was within the confines of the Criminal Punishment Code of the State of Florida within, the laws designed by the legislature, for an offense of this nature," she said. 

The backstory:

This comes after Tyler Feight, 26, was released from jail on probation through a plea deal. 

Feight was arrested in April after a woman told investigators she was jogging when he extended his arm to knock her down and attempted to mount her. He was initially accused of attempted sexual battery and felony battery. 

Feight, who has been arrested nine times in Orange County — often on allegations of violent or sexual offenses — is now on three years of probation. His grandmother told reporters his mental health "has not been addressed." Court records show he has frequently been found incompetent to stand trial.

Although police recommended attempted sexual battery charges, prosecutors pursued only the battery charge in a plea deal.

Worrell: An ‘administrative’ error

Worrell stated the prosecutor in the case made an "error" in the adjudication process – meaning Feight was not convicted. 

In the plea agreement the prosecutor signed off on, rather than checking "adjudication," the prosecutor checked "withhold adjudication," Worrell explained.

Under Florida law, the court may not withhold adjudication of guilt upon the defendant for:

- Any capital, life, or first degree felony offense.

- A second degree felony offense unless:

1. The state attorney requests in writing that adjudication be withheld; or

2. The court makes written findings that the withholding of adjudication is reasonably justified based on circumstances or factors in accordance with those set forth in s. 921.0026.

While this error occurred, Worrell said, the error did not impact the sentence. It also did not impact the fact the Feight is a convicted felon from a previous incident, she said. 

"The prosecutor's error in this case was administrative in nature, and he is not under investigation because he didn't do anything illegal or unethical," Worrell said. 

However, she said the prosecutor's error is "contrary to the practice of this office." The prosecutor is currently under review, she said. 

What we don't know:

Worrell could not say why the judge signed off on this plea without adjudication. 

Plea deal includes three years of probation

Feight was given three years probation with special conditions. The probation and special conditions were "imposed with an eye toward community safety," Worrell said. 

The special conditions placed upon Feight include: 

• Complete a psychosexual evaluation and any recommended treatment after that evaluation
• Have no contact with the victim
• Not return within a three-block radius of the incident

What's next:

Florida Attorney General James Uthmeier's office said they are aware of this case and of the mistake that was made in it. They said they're looking into it, Edinger reported. 

Crime and Public Safety