A former Lake County deputy accused of raping a woman while his dashcam was turned off has been found guilty of sexual battery by a law enforcement officer.
Matthew Donnelly faces a mandatory minimum sentence of 10 years in prison. He could face more than that.
Donnelly was denied bond while he waits for formal sentencing. He was led away from the courtroom to jail.
Matthew Donnelly was arrested and fired after the incident in the early morning hours of New Year's Day in 2014.
On the stand Wednesday, Donnelly explained how and why he ended up turning off the camera for 23 minutes during the time the alleged sexual battery was said to have occurred.
During cross-examination, Assistant State Attorney Dan Mosley pointed out the jury could have seen what actually happened during those 23 lost minutes.
Mosley: It would have been as simple as pushing a button to turn that camera back on?
Donnelly: That's correct.
Mosley: That's all you had to do? Everything you told this jury today that happened while the camera was off, we'd have it?
Donnelly: Yeah, that's true.
Instead, the only video evidence from that early New Year's morning showed a man flagging down then-Deputy Donnelly for help in a pawn shop parking lot along U.S. Highway 27 after his girlfriend had blacked out from drinking.
The woman testified Tuesday, saying she regained consciousness to find the deputy at her door, and she thought her boyfriend was being arrested for drunk driving.
Donnelly testified he believed he couldn't book the man for DUI, because he hadn't seem him driving.
"I walked him back to my patrol car, and I told him, 'You aren't under arrest or anything. I just wanted to talk to her without you interrupting or anything,'" Donnelly said.
That was when the cameras shut off for 23 minutes. Donnelly said it happened as he turned off his flashing lights.
"The front ones — if I'm dealing with somebody at the front of the car, they are really annoying, the way they flash," he explained.
The 26-year-old mother of three said Donnelly told her if she let him grope her, her boyfriend would be freed. Donnelly denied the charge.
Defense Attorney Ed Mills: Did that happen?
Donnelly: No.
Mills: That conversation never took place?
Donnelly: No, it did not.
Donnelly also denied then sexually battering the woman, saying she either made it up or was too drunk to remember.
When the state said the former deputy had a lot more to gain by lying than the victim, Donnelly countered, "I'm the one on trial right now."
We asked Donelly's attorney if he thought the verdict was in any way a reflection of an increasing distrust for law enforcement.
“I did consider that, it’s a difficult topic to try to cover in jury selection," attorney Ed Mills said. "I think it’s kind of the elephant in the room in any case right now involving accusations against law enforcement.”
Donnelly’s wife who had stood by him throughout the trial had nothing to say as she left the courtroom.
Tweets from the courtroom
The following tweets are from Lake County Reporter Dave D'Marko at the Donnelly trial Wednesday. The most recent updates are at the top.
Request for bond before sentencing is denied. #Donnelly is being cuffed right now and will spend at least 10 years in prison @MyNews13
— Dave D'Marko (@DMarko13) May 13, 2015
#Guilty in #Donnellytrial @MyNews13 Sexual Battery by a Law Enforcement Officer possessing a firearm
— Dave D'Marko (@DMarko13) May 13, 2015
In less than two hours the jury has a reached a verdict in #Donnellytrial @MyNews13
— Dave D'Marko (@DMarko13) May 13, 2015
Alternates released and #Donnellytrial about to head to jury. 3 men and 3 women will decide if former Lake deputy guilty of sexual battery.
— Dave D'Marko (@DMarko13) May 13, 2015
Donnelly steps down and defense rest in #DonnellyTrial @MyNews13
— Dave D'Marko (@DMarko13) May 13, 2015
State says #Donnelly has a lot more to gain by lying than the victim in the case. He counters "I'm the one on trial right now" @MyNews13
— Dave D'Marko (@DMarko13) May 13, 2015
#Donnelly's long fingernail testimony could be important if juror's believe boyfriend caused the sexual injuries to the victim. @MyNews13
— Dave D'Marko (@DMarko13) May 13, 2015
Donnelly in the dark parking lot says he noticed boyfriend had a long fingernail on his right pinkie finger. @MyNews13 #Donnellytrial
— Dave D'Marko (@DMarko13) May 13, 2015
Donnelly says he typically only wears body mic for DUI stops. It was 210 minutes after the ball dropped on New Year's Eve. #Donnellytrial
— Dave D'Marko (@DMarko13) May 13, 2015
Donnelly says boyfriend wasn't detained. State points out he was placed in the backseat of a locked patrol car. #DonnellyTrial @MyNews13
— Dave D'Marko (@DMarko13) May 13, 2015
State is now cross-examining former deputy accused of rape #Donnellytrial @MyNews13 He admits he had a body mic but wasn't wearing it.
— Dave D'Marko (@DMarko13) May 13, 2015
#Donnelly says she was crying and touched his hand. Defense says that's how her DNA ended up where he touched in his patrol car. @MyNews13
— Dave D'Marko (@DMarko13) May 13, 2015
#Donnelly denies ever discussing letting boyfriend go in exchange for groping her. Says alleged sexual battery never happened. @MyNews13
— Dave D'Marko (@DMarko13) May 13, 2015
Lake Sheriff's Policy says lights should stay on during traffic stop. #Donnelly says he didn't consider to be traffic stop. @MyNews13
— Dave D'Marko (@DMarko13) May 13, 2015
Donnelly says he turned off his flashers and subsequently the dashcam video because "they were really annoying" @MyNews13 #DonnellyTrial
— Dave D'Marko (@DMarko13) May 13, 2015
Donnelly says he placed boyfriend in backseat of his patrol car because he was interrupting. He wasn't handcuffed. @MyNews13 #DonnellyTrial
— Dave D'Marko (@DMarko13) May 13, 2015
Donnelly on why he didn't arrest for DUI - "I was always under belief had to witness the person in physical control of vehicle" @MyNews13
— Dave D'Marko (@DMarko13) May 13, 2015
Victim isn't in courtroom right now I don't believe she can be because of ruling regarding separation of witnesses. @MyNews13 #DonnellyTrial
— Dave D'Marko (@DMarko13) May 13, 2015
Donnelly asked woman's boyfriend if he was driving vehicle and he said no. He ran license and learned he was on probation for ag battery.
— Dave D'Marko (@DMarko13) May 13, 2015
Donnelly is describing being flagged down in median of U.S. 27 by man who said his friend needed help in car in parking lot @MyNews13
— Dave D'Marko (@DMarko13) May 13, 2015
Donnelly was fired from Lake Co. Sheriff's Office in Jan. 2014 for conduct unbecoming of an officer and committing a criminal act @MyNews13
— Dave D'Marko (@DMarko13) May 13, 2015
What has been a mostly empty courtroom all morning is now full as people heard Deputy Donnelly was on the stand in #DonnellyTrial @MyNews13
— Dave D'Marko (@DMarko13) May 13, 2015
Deputy Donnelly says he was working a night shift in from 6pm-6am New Year's Eve 2013/14 @MyNews13 #DonnellyTrial flagged down at 3:30 AM
— Dave D'Marko (@DMarko13) May 13, 2015
Lake Co. Deputy Matt Donnelly accused of sexual battery taking the stand in his own defense #BREAKING #Donnellytrial
— Dave D'Marko (@DMarko13) May 13, 2015
#Donnellytrial has resumed with FDLE agent discussing DNA evidence in case of deputy accused of raping woman he found passed out in vehicle.
— Dave D'Marko (@DMarko13) May 13, 2015