A 9-year-old Palm Coast boy is facing battery and lewd and lascivious molestation charges after he and a friend startled and got involved in sexual horseplay with two girls, an 11 year old and her friend, who were playing near one of the girls’ yard in the B-Section on Friday afternoon.
The 11-year-old girl, according to a Flagler County Sheriff’s report, had gone over to her friend’s house around 5 p.m. that afternoon. Around 7 p.m., they returned to their respective homes. The older girl told her 67-year-old grandfather (who has legal guardianship of the 11 year old) that she and her friend had been playing “fort” by the woodline when the two boys came up to them.
One of the girls recognized one of the boys as a student who rides the same bus to school with her. He was with a 9-year-old boy. The 9-year-old boy, one of the girls stated, “came up behind her and grabbed her breasts and kissed her on the right cheek,” according to the report, then tried to got on top of her and, as she struggled, told her: “Give me a hug or I am going to rape you.”
Both girls said they tried to walk away when apparently the younger boy (he was the one charged with battery, though the report redacts all identifying information), started hitting one of the girls on the forearm and right calf with a flipflop.
The report states that a call to the other girl revealed that her story matched that of her friend “word for word.” At that point, the sheriff’s office was called in.
An investigator “confirmed the entire account of the events that had taken place” and heard one of the girls state that “there was no skin on skin contact,” but that she showed a red mark with indentions on her left forearm and a similar mark on her right calf area, presumably from the alleged strikes with the flip-flop.
At the other girl’s house, the girl’s mother told the investigator that she saw the boys and told them to get off her property. She was unable to provide any information on either one or both of the suspects, but pointed to a nearby house where she believed one of them lives. There, the investigator made contact with the 14-year-old boy and his mother, 59, who is identified only by her first name, Aimee.
The boy confirmed to the investigator that he was playing with a friend that afternoon and that they did run into the girls. He said he saw the incident with the flipflop, “but thought that they were playing around,” and “did not see any other physical contact,” according to the report. Aimee provided an address for the younger boy, where the investigator made contact with his legal guardian, Michele, 54. The boy’s mother lives in Bunnell. Michele told the investigator that the 9-year-old boy “has been having some disciplinary issues, mainly at school.”
That afternoon, Michele told the investigator, the boy had been fishing with friends. The boy, whom the investigator spoke to interviewed in the presence of his guardian, denied the incident at first, but then “changed his story.” What he said is redacted from the report, but he continued to deny touching the girl.
The battery and lewd and lascivious molestation charges were signed and forwarded to the State Attorney for review. The boy was left in the custody of his legal guardian. The investigator also contacted the Department of Children and Families.