VIERA, Fla. – A Brevard judge Wednesday denied the state's motion to revoke the bond of a teen accused in a crowbar attack on another teenager.
Despite Rebecca Gotay's admission that she has used a smartphone and the Internet since being released on bond March 6, Circuit Judge James Earp denied the state's motion to revoke her bond at a hearing at the Moore Justice center in Viera, Local 6 News partner Florida Today.
Gotay, 18, along with 18-year-old Jessie Umberger and 17-year-old Dylan Thomas, is charged in the Feb. 19 crowbar attack on 17-year-old Daniel Vukovich in Satellite Beach over missing marijuana.
Vukovich was beaten so badly that first responders believed he had been shot in the head. All three have been charged with first-degree premeditated attempted murder.
Gotay was released on bond on March 6 with strict stipulations to stay off of social media, smartphones and the Internet.
Earp said he did not find testimony given Monday by Gotay's ex-boyfriend, Christophe Trevino, to be credible. Trevino called investigators and told them the two had been communicating via the smartphone apps FaceTime and SnapChat. Prosecutor Jason Andersen produced screengrabs of conversations between the two.
But Trevino testified that he did not allow a Brevard County sheriff's agent to "mirror" or copy his phone for the purposes of securing definitive proof that Gotay violated conditions of her bond. Instead, he only allowed the agent to look at and examine his phone.
Gotay's attorney, Keith Szachacz, of Funk, Szachacz and Diamond, questioned Trevino's motives, implying that he only came forward to distance himself from the attacks and because Gotay had become romantically involved with someone else.
"I have reasons to doubt Mr. Trevino's testimony," Earp said. "It's very interesting to me that he refused to allow law enforcement to examine his phone, which could provide the exact evidence that the government was looking for. That being said, Ms. Gotay has admitted she accessed the Internet through the WiFi and her old cellphone. At best, I find a minimal violation of her bond orders."
Earp then admonished Gotay and reminded her that she is subject to the orders of the court until the case is resolved.