Eventing Nation has obtained a copy of the official Marion County Sheriff’s Office incident report, which is a complete description of the case from start to now, written by the investigating officers. In cases classified as sex offenses, the name of the victim is kept out of the report, which we would have done anyway. I have also not included the full names of the investigating officers, in an effort to protect their privacy. The report uses all caps, so we will too. This is the full, unedited report and all of the subsequent follow-ups by the investigating officers. I have bolded the relevant parts, and we will have a summary post later with more information.
AGENCY: MCSO
CLASSIFICATION: SEX, OTHER SEX OFFENSES
DISPOSITION: ARREST
REPORTED BY [officer number and name]
REPORT FILED 08/21/2009
ON 081909 AT APPROXIMATELY 1040 HOURS, WRITER RESPONDED TO THE OCALA POLICE DEPARTMENT LOCATED AT [address] IN REFERENCE TO A POSSIBLE UNLAWFUL SEX ACT.
UPON ARRIVAL, WRITER MET WITH REPORTEE/VICTIM WHO TOLD WRITER THAT BETWEEN 021609 AND 062809, HE HAD A SEXUAL RELATIONSHIP WITH HIS LIVE-IN BOYFRIEND, SUSPECT DARREN CHIACCHIA. THE VICTIM STATED THAT DURING THEIR RELATIONSHIP, HE ASKED THE SUSPECT NUMEROUS TIMES IF HE EVER HAD AN “AIDS” TEST, SINCE THEY WERE HAVING UNPROTECTED SEX. THE VICTIM STATED THE SUSPECT TOLD HIM THAT HE HAD, AND THE TEST WAS NEGATIVE.
THE VICTIM THEN ADVISED WRITER THAT ON 062809, HE WAS VACATIONING WITH THE SUSPECT AT THE SUSPECT’S HOME IN NEW YORK, WHEN HE FOUND SOME PAPERS FROM SHANDS HOSPITAL IN GAINESVILLE SAYING THE SUSPECT WAS, IN FACT, HIV POSITIVE. THE VICTIM THEN ADVISED THAT HE CONFRONTED THE SUSPECT AND THE SUSPECT TOLD HIM THAT THE “AIDS” RESULTS WERE A FALSE POSITIVE.
THE VICTIM STATED THAT AFTER THE CONVERSATION WITH THE SUSPECT, HE BROKE UP THE RELATIONSHIP AND CAME BACK TO FLORIDA. HE STATED HE CONTACTED THE SUSPECT SEVERAL TIMES BY TELEPHONE TO AGAIN ASK HIM ABOUT THE TEST RESULTS. THE VICTIM THEN ADVISED WRITER THAT AFTER SEVERAL CONVERSATIONS, THE SUSPECT TOLD HIM THAT HE WAS, IN FACT, HIV POSITIVE AND HAS BEEN FOR SEVERAL YEARS, BUT DID NOT TELL THE VICTIM BECAUSE HE DID NOT FEEL HE COULD TRUST THE VICTIM AND FELT THE VICTIM WOULD RUIN HIS REPUTATION.
WRITER PROVIDED THE VICTIM WITH HIS AGENCY’S CASE NUMBER AND ALSO NOTIFIED SERGEANT [name and id].
WRITER ATTEMPTED TO CONTACT THE SUSPECT AT THE PROVIDED TELEPHONE NUMBER; HOWEVER, THERE WAS NO ANSWER.
THE VICTIM ADVISED WRITER HE HAD AN HIV TEST TAKEN, AND HE HAD A NEGATIVE RESULT FOR HIV, HOWEVER, HE STATED HE WOULD HAVE TO HAVE SEVERAL MORE TESTS DONE BEFORE IT CAN BE DETERMINED IF HE IS HIV POSITIVE OR NOT.
CASE STATUS: PENDING ACTIVE.
**FOLLOW UP**
SUPPLEMENT DATE 09/02/2009
APPROVAL DATE 09/09/2009
ON 08/31/09, I CONDUCTED A SWORN DVD RECORDED INTERVIEW WITH THE LISTED VICTIM. DURING THIS INTERVIEW, THE VICTIM ADVISED BETWEEN FEBRUARY AND JUNE OF 2009, HE WAS IN A RELATIONSHIP WITH THE LISTED SUSPECT, DARREN CHIACCHIA. THE VICTIM FURTHER ADVISED DURING THIS TIME FRAME, ON SEVERAL, OCCASIONS, HE AND THE SUSPECT ENGAGED IN UNPROTECTED SEXUAL INTERCOURSE.
THE VICTIM ADVISED ON JUNE 28 OF 2009, WHILE VACATIONING IN NEW YORK WITH THE SUSPECT, HE (THE VICTIM) LOCATED MEDICAL PAPER WORK OF THE SUSPECTS. THE VICTIM ADVISED UPON READING THE PAPERWORK, HE REALIZED THE SUSPECT WAS HIV POSITIVE.
THE VICTIM ADVISED THAT AT THE BEGINNING OF THE RELATIONSHIP HE ASKED THE SUSPECT HIV “STATUS”, TO WHICH HE WAS TOLD THAT HE WAS NEGATIVE FOR ANY DISEASES.
THE VICTIM ADVISED AFTER FINDING THIS INFORMATION OUT, HE LEFT NEW YORK WITHOUT THE SUSPECT. THE VICTIM ADVISED HE HAS HAD THE OPPORTUNITY TO SPEAK WITH THE SUSPECT VIA E-MAIL. THE VICTIM PRODUCED AN EMAIL FROM THE SUSPECT, WHICH STATED HE (THE SUSPECT) FOUND OUT THAT HE (THE SUSPECT) WAS HIV POSITIVE IN 2008.
I THEN ATTEMPTED TO HAVE THE VICTIM CALL THE SUSPECT FOR THE PURPOSES OF RECORDING A PHONE CALL BETWEEN THEM, THE SUSPECT ANSWERED THE PHONE, BUT COULD NOT TALK AT THAT MOMENT. WE AGAIN TRIED THIS ON 09/01/09, WITH NEGATIVE RESULTS. THE VICTIM BOUGHT A TAPE RECORDER AND ADVISED HE WILL RECORD THE PHONE CONVERSATION BETWEEN HE AND THE SUSPECT WHEN IT OCCURS.
CASE REMAINS ACTIVE PENDING
**FOLLOW UP**
SUPPLEMENT DATE 09/03/2009
APPROVAL DATE 09/09/2009
ON THURSDAY, 09/03/09, I WAS CONTACTED BY THE VICTIM. THE VICTIM RECORDED A TELEPHONE CONVERSATION BETWEEN HIM AND THE SUSPECT. THE VICTIM BROUGHT THE TAPE TO THE SHERIFFS OFFICE AFTER WHICH I REVIEWED IT. DURING THE RECORDED CONVERSATION THE SUSPECT TELLS THE VICTIM THAT HE DID NOT TELL THE VICTIM HE WAS HIV POSITIVE BECAUSE HE DID NOT THINK THE VICTIM WAS TRUSTWORTHY. THE CONVERSATION ALSO INCLUDED THE SUSPECT TELLING THE VICTIM THAT HE KNEW HE WAS INFECTED WITH HIV PRIOR TO THEM HAVING UNPROTECTED SEX WITH EACH OTHER.
DURING THE RECORDED CONVERSATION THE SUSPECT TELLS THE VICTIM THAT HE DOES NOT THINK THAT HE (THE VICTIM) HAS ANYTHING TO WORRY ABOUT DUE TO THE FACT THAT HIS (SUSPECTS) NUMBERS ARE LOW. ALSO DURING THE CONVERSATION THE SUSPECT BERATES THE VICTIM AND TELLS HIM THAT HE (VICTIM) IS VERY NAIVE IF HE THINKS HE HAS NEVER SLEPT WITH ANYONE WHO WAS NOT INFECTED WITH HIV.
SEVERAL ATTEMPTS TO MAKE CONTROLLED CALLS TO THE SUSPECT AT THE SHERIFFS OFFICE MET WITH NEGATIVE RESULTS. THE VICTIM WAS ADVISED TO BUY A TAPE RECORDER AND RECORD HIS PHONE CONVERSATIONS WITH THE SUSPECT. THE VICTIM WAS NOT TOLD WHAT TO ASK THE SUSPECT, HE WAS TOLD HOWEVER THE CONTENTS OF F.S.S. 384.24. THE VICTIM DID SIGN A CONSENT TO INTERCEPT FORM ON 8/31/09 FOR USE IN THIS INVESTIGATION.
CASE REMAINS PENDING ACTIVE.
**FOLLOW UP**
SUPPLEMENT DATE 10/12/2009
APPROVAL DATE 10/13/2009
ON OCTOBER 8, 2009 WRITER WAS REQUESTED BY INSPECTOR [name and id], TO MAKE CONTACT WITH VICTIM, AS HE IS IN NEED OF SERVICES. WRITER SPOKE TO THE VICTIM AND REFERRED HIM TO THE VINES FOR COUNSELING AND ENCOURAGED HE CALL THE CRISIS INTERVENTION SPECIALIST’S OFFICE IF FURTHER ASSISTANCE IS NEEDED.
CASE PENDING ACTIVE.
**FOLLOW UP**
INSPECTOR [name]
SUPPLEMENT DATE 10/13/2009
APPROVAL DATE 10/13/2009
AS OF TUESDAY, 10/13/09, I AM STILL WAITING TO HAVE A HEARING IN REGARD TO THE SUSPECT’S MEDICAL RECORDS. THE STATE ATTORNEY WAS ADVISED THAT THE SUSPECT WILL BE FIGHTING THE RELEASE OF THE MEDICAL RECORDS.
I HAVE BEEN IN CONSTANT CONTACT WITH THE VICTIM AND HAVE ALSO INVOLVED [name] IN REGARD TO GETTING THE VICTIM SOME TYPE OF COUNSELING.
AT THIS TIME THIS CASE REMAINS ACTIVE PENDING.
**FOLLOW UP**
SUPPLEMENT DATE 1/20/2010
APPROVAL DATE
ON WEDNESDAY, 01/20/2010, THE SUSPECT WAS SUBSEQUENTLY ARRESTED AND TRANSPORTED TO THE MARION COUNTY JAIL.
THEREFORE AT THIS TIME I AM CLOSING THIS CASE BY ARREST.
CASE CLOSED BY ARREST
