OSCEOLA COUNTY, Fla. – State prosecutors have issued a civil summons to Osceola County Sheriff Marcos Lopez for disclosing a photograph that depicted the killing of 13-year-old Madeline Soto, court records show.
Soto’s decomposing body was found in a wooded area near St. Cloud on March 1, four days after she failed to show up at school and was reported missing.
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The Osceola County Sheriff’s Office previously acknowledged that an “investigative photo” had been “accidentally” posted on Lopez’s Instagram account hours after the teen’s body was located.
In a civil summons filed last week, the state attorney’s office accused Lopez of publicly disclosing a photograph of Soto’s body.
Under Florida law, images that depict the killing of a minor are confidential and cannot be released by a government agency.
Lopez has been cited with violating Florida’s public record laws, a non-criminal infraction that carries a fine up to $500, court records show.
Prosecutors did not accuse Lopez of intentionally releasing the photograph, a more serious misdemeanor punishable by up to a year in jail. Public officials who willfully disclose such images can potentially face suspension and removal from office.
“After reviewing the evidence, we determined there is insufficient evidence to show the photo was ‘willfully and knowingly’ posted to social media and therefore criminal proceedings are not appropriate,” a state attorney spokesperson told News 6.
By signing the civil summons, the sheriff agreed to appear at a court hearing on Dec. 20 unless he pays the unspecified fine.
Lopez’s spokesperson did not immediately respond to an email Monday night seeking comment.
On the morning of March 2, several hours after police located Soto’s body, a crime scene photo was posted on the sheriff’s Instagram account.
Clothing seen in the photo was consistent with the outfit Soto was believed to have been wearing when she was reported missing on Feb. 26.
A caption below the photograph stated, “Great day with our seniors” followed by an emoji of a smiley face wearing a halo.
“Earlier today a post was made on social media about a community event for seniors,” Lopez’s spokesperson said in a statement that afternoon. “In the post, an investigative photo was accidentally included. The photo was immediately removed. We deeply apologize for any confusion or disturbance this may have caused. As with any investigation, the information obtained is confidential and any mistaken disclosures will be immediately rectified.”
The Florida Department of Law Enforcement launched an investigation into the photo disclosure.
Stephan Sterns, who had been dating Soto’s mother, has been charged with sexually molesting and murdering the teen. He faces the death penalty if convicted.
The photo of Soto’s body was posted on Lopez’s Instagram the same morning Nirva Rodriguez, a civilian sheriff’s office employee, shared a photograph on her personal Facebook page posing with Sterns.
The selfie-style photograph was taken as Sterns walked out of a door at the Osceola County jail.
“If God’s love has been poured out over your life, don’t allow evil to keep you away from what He has prepared for you,” a caption above the photo of Sterns and Rodriguez stated.
The Facebook post, which was later removed, included the hashtag #NirvaRodriguez.
Rodriguez is the executive director of the sheriff’s office, a non-law-enforcement position that oversees multiple divisions including media services.
That division is responsible for running the agency’s social media accounts and providing information to news organizations.
Rodriguez has not responded to questions from News 6 about her social media post.
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