Deputies responded to a home on Ocean Drive Sunday morning after a woman called to report strangers in the lower portion of her house. When Deputy Michael Sielicki arrived, he found the two males – aged 23 and 16 – and the victim, a 14 year old girl. All three appeared to be drunk. The oldest male said they had been partying the night before, but said he could not remember what happened. Further investigation revealed the three to be acquaintances of the owner’s 15 year old daughter. The daughter later admitted to having a party in the lower portion of the house the night before without her mother’s knowledge.
Deputy Michael Sielicki asked to see the 23 year old male’s cell phone, knowing that often people will video themselves while they are partying. The male agreed to let him see it. He told the deputy someone else had his phone for a time the night before.
On the phone, the deputy found a video recording of another boy top of the victim, who was only partially clothed. In the video he was performing sexual acts on her.
Major Crimes Detective Manuel Cuervo was notified and responded to the scene to continue the investigation. He interviewed the victim, who could not recall the incident depicted in the video. She watched the video and identified the male on top of her in the video as a 17 year old she has been in a sexual relationship with for a few weeks. She also identified the one video recording the incident as a 15 year old who had also attended the party.
Both boys were interviewed. The 17 year old denied having sexual relations with the victim, even though he was depicted clearly in the video fondling her. The 15 year old denied video recording the incident, even though portions of the video confirmed he was the one behind the camera. Witnesses corroborated the victim’s version of events.
The 17 year old was charged with lewd and lascivious battery on a 14 year old girl. The 15 year old was charged with sexual performance with a child for video recording the sexual activity.