The Polk County Sheriff’s Office has arrested Fernando Garcia, 23, of Avon Park, just over the county line from Frostproof, and charged him with 1 count of Lewd or Lascivious Battery and 2 counts of Lewd or Lascivious Molestation. The arrest came after an investigation that lasted nearly two months. The suspect is accused of performing these lewd acts over the period of 6-7 years at various time.
Here is an excerpt of the arrest affidavit (It should be noted that this is an unedited report of facts by the Polk County Sheriff’s Office. These facts are up for question and everyone is entitled to question the validity of facts by law enforcement in a court of law. The Daily Ridge does not rewrite these facts as some meanings or interpretations could be in error and change context. We hope readers appreciate being able to read the information and come to their own understanding and conclusions. A suspect is considered innocent until proven guilty)
WARNING SOME INFORMATION MAY BE TRIGGERING TO CERTAIN READERS
“On 08/09/2024, The Polk County Sheriff’s Office began an investigation into a past occurred sexual battery between REDACTED (victim, H/F, 16yoa) and Fernando Garcia (suspect, H/M, 23yoa).
On 08/13/2024, VICTIM completed a forensic interview at the Children’s Advocacy Center (CAC). During the forensic interview, VICTIM advised the suspect, Fernando, had been sexually abusing her since she was 8 or 9 years old. VICTIM stated the most recent incident that she remembered was when she was 14 years old. After she showered, her parents left to go to the store and she was left at the residence with her brother, sister, and Fernando. Fernando was the only adult at home at this time. VICTIM advised she was in the living room with Fernando and he asked for VICTIM for a kiss and she complied. Fernando then asked for VICTIM to kiss him on the lips for longer but she said no. Fernando then forced her to kiss him on the lips by grabbing her head and pulling her head towards him. Fernando then started to put his fingers inside her vagina. VICTIM explained during this incident, she was wearing gym shorts and a shirt. VICTIM stated Fernando put his hand down her shorts. VICTIM advised she did not try to stop him. VICTIM advised Fernando had two of his fingers inside her vagina for three to four minutes. VICTIM stated he grabbed her hand and placed her hand over his pants on his genital area. VICTIM pulled her hand back after she felt Fernando’s penis was erect. VICTIM’s parents came home and she went to the bathroom. VICTIM advised this incident occurred at REDACTED, Frostproof in Polk County.
During the forensic interview, VICTIM disclosed an additional incident at REDACTED, Frostproof. VICTIM advised there was a hurricane coming through and one of the nights, she was sleeping on a couch and her family were all asleep. VICTIM was woken up to Fernando touching her vagina on the outside of her clothes. VICTIM’s REDACTED woke up and her bedroom door opened. Fernando heard the door open so he left and went outside.
During the investigation, I discovered in 2023 when VICTIM was 15 years of age, REDACTED (Mother of VICTIM) went through VICTIM’s phone when she discovered text messages between her and her friend advising one of her REDACTED had touched her inappropriately. REDACTED confronted VICTIM where she advised Fernando was the one who touched her inappropriately.
REDACTED confronted Fernando where he admitted to touching VICTIM. VICTIM has not had any contact with Fernando since REDACTED discovered what occurred when VICTIM was 15 years of age.
On 09/23/2024, REDACTED conducted a recorded call to Fernando Garcia. REDACTED asked Fernando if he was sorry for touching VICTIM inappropriately and Fernando apologized. Fernando advised he was sorry for touching VICTIM and was unsure why he touched VICTIM. Fernando never denied any of the allegations made.
On 09/24/2024, VICTIM REDACTED Fernando. VICTIM asked why Fernando put his fingers inside her and Fernando advised he did not have an answer for her. Fernando apologized multiple times to VICTIM for touching her.
Based on the investigation, it was determined that Fernando Garcia violated the following Florida State Statutes:
800.04(4)(A) – Lewd or Lascivious Battery 12 years of age but younger than 16 years of age – due to Fernando penetrating VICTIM’s vagina with his finger. At the time, VICTIM was 14 years of age and Fernando was 21 years of age.
800.04(5) – Lewd or Lascivious Molestation – For Fernando, in a lewd or lascivious manner, intentionally forced or enticed VICTIM to touch his genitals over the clothing.
800.04(5) – Lewd or Lascivious Molestation – For Fernando, in a lewd or lascivious manner, intentionally touching VICTIM’s vaginal area over the clothing.”
