The man who authorities accused of raping his girlfriend and being in his Osceola County house during a police standoff as it burnt down last month has recently been released from jail due to a lack of evidence, officials say.
- Samuel Fertic was in jail on sexual battery charges
- He was released because State Attorney’s office couldn’t find evidence to keep him
- He was a suspect in his wife’s death
When the Osceola County Sheriff’s Office tried to serve a warrant for sexual battery to 45-year-old Samuel Keith Fertic back in June, he barricaded himself in his home near Nolte and Old Hickory Tree roads in St. Cloud, deputies say. During the standoff, his house went up in flames. Authorities suspected that he set the house on fire.
But Angela Starke, public information officer at the State Attorney’s Office, told News 13 that they had to let Fertic go due to a lack of evidence in the sexual battery charges.
"We cannot file charges without the evidence. This case is still open and active, and we are working with agencies on gathering additional evidence to determine what charges, if any, can be filed," she said. "This is often difficult to explain, but the burden of proving a criminal case ‘beyond a reasonable doubt’ is substantial. We cannot ethically proceed with charges at this time."
In an Osceola County Sheriff's charging affidavit, Fertic's girlfriend, who News 13 will not name because of its crime guidelines, went to his home asking for money. The battery victim told deputies that Fertic became abusive and told her, "You need to die. You remind me of my ex-wife, and I am going to kill you."
Fertic was held on the sexual battery charge, but he was not charged with setting the home on fire, which he owns in St. Cloud. However, fire officials were investigating whether the blaze was purposely set.
Fertic is no stranger to the law. He served a 10-year prison sentence in Texas for aggravated assault. He also was a suspect in the death of his wife, but was charged with a lesser charge.