VOLUSIA COUNTY, Fla. – A convicted sex offender who was granted bond while awaiting an appeal has been arrested once again after a judge reversed his decision, according to the state attorney's office.
Mark Fugler, a former Embry-Riddle Aeronautical University professor, was convicted of showing pornographic material to a 7-year-old girl and performing sex acts in front of the child in August. He received a 15-year sentence.
About a month later, a judge granted Fugler a $200,000 bail while he appealed his case, which allowed him to be released from jail.
Volusia County Sheriff Mike Chitwood spoke out against the judge and what he called flaws in the justice system that allowed a convicted sex offender to walk free.
"He must be the envy of all sex criminals, able to walk free and enjoy the privileges of release on bond thanks to Judge Hutcheson's decision. Most other criminals sentenced to 15 years in prison have to file their appeals from a jail cell," Chitwood wrote on Facebook.
The Office of State Attorney R.J. Larizza filed a motion last month asking that the court reconsider the judge's decision to grant Fugler bond.
Fugler was arrested Monday when he reported to his pretrial services program after the judge reversed his decision to grant bond on three of the nine counts for which Fugler was convicted.
Fugler will be taken to a state prison to begin his sentence.
Chitwood took to social media Monday morning to thank the judge for reversing his decision and acknowledging the work of Assistant State Attorney Ashley Terwilliger, who argued for Fugler to be arrested during a hearing last week.
"Thanks to all of you who stood up and made your voices heard on behalf of the young girl in this case. From the foreman of the jury, to all the advocates for survivors of sexual assault, to every single one of you in this community who spoke up in some way: You are proof of what we can accomplish when we work together," Chitwood wrote.
He said he's unbelievably proud of the victim and her family.
"I personally think that the mom's testimony was so emotional and so impactful that anybody that saw that, if you looked at that, how could you not be moved to say, 'I may have made the wrong decision here. Maybe this guy really does belong in a jail cell.'"
Larizza was also happy to hear the news.
“Our hearts are with the victim and her family this morning in celebrating the reversal of Mark Fugler’s supersedeas bond. Justice is now a reality. I’m proud of the tenacious and substantive work put forward by our attorneys in this case. We hope this brings a measure of peace to the family,” he wrote in a statement to the media.
The victim's family also released a statement Monday afternoon:
"As you can imagine, our entire family is beyond ecstatic. It's been three long years, fighting his attorneys tooth and nail, and we finally feel that today we have gotten a measure of justice for our little girl.
"We will be eternally grateful to Judge Hutcheson for his fair and courageous decision, to (Assistant State Attorney Ashley Terwilliger), R.J,. Larizza and the entire staff at the state attorney's office for their tireless work in bringing this case to a positive conclusion. We are so incredibly thankful to the Ormond Beach Police Department and Detective Kist and to Volusia County Sheriff Mike Chitwood for not allowing this injustice to go unnoticed. And of course, we would be remiss in not thanking the community for their unwavering support," the statement read.