ORANGE COUNTY, Fla. — The man who attacked a female jogger in College Park in April was not released early because of a plea deal, despite an error by the prosecutor overseeing the case, State Attorney Monique Worrell said Thursday.
Tyler Feight was sentenced to time served this week, more than 200 days after his arrest. His plea deal also called for three years of probation and a psychosexual evaluation.
The victim told police Feight jumped on her as she ran past him at about 4:30 a.m. in the 1800 block of Northumberland Avenue in the College Park neighborhood.
Police said the victim told them he tried to overpower her, but she kicked and screamed, causing him to run. She was able to run home and call 911.
Worrell addressed several of the rumors swirling in the community since Feight was let out:
Claim: The prosecutor’s mistake let Feight out early
Worrell summarized the prosecutor’s mistake as a paperwork error that had no impact on the overall sentence.
According to the prosecutor’s notes, obtained by WFTV Thursday, he misread a prior conviction for armed trespassing for ordinary trespassing, and recommended the judge withhold adjudication as part of the plea deal instead of finding Feight guilty.
Feight was already a convicted felon, which, coupled with the deal he agreed to, meant there was no difference in how the case was carried out.
Worrell further defended her prosecutor, saying he oversaw 400 cases at a time and mistakes occasionally happen. However, his handling of the case will be reviewed by a supervisor.
Claim: Prosecutors let him off easy with a lesser charge
Feight pleaded guilty to felony battery, a lesser charge than attempted sexual battery, which is what detectives originally charged him with.
Worrell said officers made that arrest on the woman’s belief he was trying to rape her, which was their job, Worrell said.
However, it wasn’t enough for court.
“I’m not judging whether her fear is reasonable,” Worrell said. “We didn’t have him grabbing at her clothes, trying to take his clothes off.”
Worrell said felony battery was the appropriate charge to try in front of a jury, since they could prove Feight hit the victim by tackling her.
Claim: Feight could’ve gotten a harsher sentence
Worrell said the prosecutor was limited by Florida law that outlines the sentences judges give defendants.
According to the notes, Feight racked up 11 “points” that the judges add up.
In order for a prosecutor to ask a judge to sentence someone to prison, a defendant needs 22 points. At this level, though, the judge is still not obligated to sentence someone to prison and often opts for a lesser punishment.
For a judge to be forced to sentence a defendant to prison, the defendant needs 44 points.
With prison off the table, the most Feight could have served was 365 days in jail. Worrell said the deal placed him under probation for three years – which he otherwise wouldn’t have gotten.
Claim: Feight could’ve been ordered to stay away from College Park
The notes showed the victim wanted Feight to be kept out of College Park, but prosecutors were unable to honor that request.
Instead, Feight will be ordered to stay out of a three-block radius from the scene to protect the victim.
Worrell said Feight lived in College Park and had family in the neighborhood.
“We cannot stop someone from coming to a community they live in,” she said.
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