FORT MYERS, Fla.- A former Cape Coral Police Officer made his first appearance in court Tuesday morning, accused of sexual assault of a minor for the second time.
Casey Ortiz, 35, was booked into the Lee County Jail late Monday for one count of sexual assault on a victim under 18. The judge set his bond at $100,000,
Ortiz was first accused of sexual assault in the spring of 2014. A teenage girl claimed she had sex with the officer while he was on duty. Investigators say the alleged sexual activity happened during unauthorized ride-alongs. Ortiz admitted to the ride-alongs but said the two never had sex. Ortiz was later fired from the Cape Coral Police Department.
In a court hearing earlier this month pertaining to that case, a second teenager accused Ortiz of having sex with her while he was on duty and she was underage. The judge has not ruled on whether those statement will be allowed to be used in the trial. That accusation has resulted in this charge against Ortiz. Records show that alleged incident happened in 2013.
Joe Viacava, Ortiz’s lawyer, says “that’s why in my opinion the state filed this charge because it in effect gives them two bites in the apple- if they don’t get it here they can get it in a whole other criminal trial. But the good news is we have presumption beyond a reasonable doubt and we believe it will be very hard for them to meet that burden.”
He says his client turned himself in on Monday.
“He’s devastated, I wish I could put it another way. This has destroyed his entire life too and I would just ask everybody for a second to consider that this man is not guilty, just to think how this would be. It’s destroyed his whole life, he has no way to get a job, he has no way to make a living, he has this hanging over his head, legal fees, and it’s basically destroyed his entire life.”
Viacava says he is fighting to have the case dismissed.