VOLUSIA COUNTY, Fla. – Mark Fugler, the convicted sex offender out of Ormond Beach sentenced to 15 years in prison, had his bond hearing Thursday afternoon. As of now, that bond still stands.
- Bond hearing held for convicted sex offender
- Mark Fugler was sentenced to 15 years in prison
- Despite being convicted, he was granted a supersedeas bond
Despite being convicted, Fugler was granted what is called a supersedeas bond, which allows him to put off serving his sentence while he waits for his appeal. The judge was within his right to grant one — however, that decision is now being reviewed and it's one the victim’s mother begged him to rethink.
"How on Earth can this be within the law to let this happen?" asked the victim's mother, while reading a letter to the courtroom.
Her daughter is now 10 years old, but was only five when the abuse started. The mother asked the judge to revoke Fugler’s bond and allow him to serve his 15 year sentence starting immediately.
"I think there is no place Mark should be then back behind bars or worse. As a judge I beg you, to look harder and look longer to find it is within the law keep Mark behind bars during his appeal," she said.
In fact, the mother says she ran into him near Publix recently and was traumatized. That's one of the many reasons the State Attorney’s Office is asking the judge to reconsider.
"The State of Florida whole heartedly believes that this was the wrong decision and we are asking to rescind your original ruling," said assistant State Attorney Ashley Terwilleger, as she addressed the judge.
One of the reasons Fugler’s attorney could file and appeal and request the bond was because it was never proven in the trial that Fugler is over 18- years-old.
"There is not a single juror that could walk into this building and look at the defendant, sitting at council table and question whether or not he is under the age or over the age of 18," said Terwilleger
However, Fugler’s attorney argued there is no legal reason to take away his bond at this point.
"Now this court has already made findings that he was eligible for a bond, he was qualified for a bond and the bond was appropriate," Flugler's attorney Jason Foreman said. "Nothing has changed. The state has alleged nothing new."
With passionate arguments on each side— the judge did not come to a decision— instead choosing to review the case more over the weekend. The judge did not have an exact timeline however he said he will try to give his official decision sometime next week.