In fact, charges were never even filed by the State Attorney’s office.
According to Samantha Syoen, the publicity coordinator for the State Attorney’s office in Fort Myers, charges were never filed because of “insufficient evidence under Florida law.”She would not comment further.
Nicholas (R-Cheyenne), was dining with family members at the Beach Club on November 23, including his 19-year-old son who suffers from a condition similar to autism. Sheriff’s reports said that the boy wet his pants at the table, and Nicholas explained that the boy then “became hostile.”
In the sheriff’s report Nicholas said he took the boy out in the parking lot at that time. Witnesses told sheriff’s deputies that they saw Nicholas punch the boy in the face repeatedly, threw him to the ground and kicked the boy in the ribs and stomach.
Reports stated that the sheriff’s deputy who responded to the incident found red marks on the boy’s face, and a shoelace imprint on the boy’s ribs.
Deputies reported that Nicholas said the boy wasn’t really injured.
Nicholas was placed under arrest at that time and taken to Lee County Jail with a bond of $20,000. He was released on bond the next day. A plea of “not guilty” was filed by Nicholas on December 7 in Lee County court. One day later, on December 8, the assistant state’s attorney reviewed the case and determined not to bring charges against Nicholas.
In the “Wyoming Tribune Eagle” Nicholas was quoted as saying, “I’m just glad it’s over.”
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