State's Motion Against Fugler's Bond Headed To Court

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Mark Fugler

Daytona Beach, FL - The state's motion against the release of a convicted sex offender will now be heard in court.

Back on June 6th, former Embry-Riddle Aeronautical University professor Mark Fugler was convicted by a jury of his peers of nine counts of child sex crimes, related to a 2016 case.

Then, on August 14th, a sentencing hearing was conducted and Fugler was given 15 years in Florida State Prison for his crimes. At that sentencing hearing, the victim was also asked to testify against Fugler.

About a month after the defense filed a motion for release on a supersedeas bond, the court granted Fugler a release, saying that he had significant ties to the Volusia County community.

But, for the state, that's where the argument begins.

According to the motion filed by the State Attorney's Office, the state disagrees that Fugler has significant ties to Volusia. They argue that Fugler had to come to the state of Florida for his employment and that his only family in the area is his wife.

Other arguments include the fact that Fugler has family all over the country in places like New Jersey, Colorado and Louisiana. The only other local connection Fugler has mentioned in the case was his involvement in cycling at the YMCA.

But, the state argues that the YMCA is where Fugler first met the victim and the victim's family 15 years ago. Now that he's a registered sex offender, he is no longer allowed to visit a YMCA as it's a common place for children to be.

The court also determined from that hearing that Fugler is not a flight risk. That's another point where the state disagrees.

The state believes that the defendant has plenty of reason to flee. That includes his age and how much his conviction has been highlighted in media throughout the community. They also argue that since he is 61-year-old, he faces a "large portion of the remainder of his life in Florida State Prison," and that Fugler has "every reason to make sure he never enters the Florida Prison System."

John Scott, the Public Information Officer for the State Attorney's Office, 7th Judicial Circuit, says their motion will be heard on October 3rd.

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