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Florida AG Demands Prosecution in Apopka Park Lewd Act Case After State Attorney Declines Charges

Florida AG Demands Prosecution in Apopka Park Lewd Act Case After State Attorney Declines Charges

AG Uthmeier demands charges against Chapman for alleged public masturbation near children at Apopka park after Worrell's office declined prosecution, citing insufficient proof of illegality despite evidence; case highlights ongoing political clash over prosecutorial decisions.

Florida Attorney General James Uthmeier has publicly demanded that Ninth Judicial Circuit State Attorney Monique Worrell prosecute 61-year-old Kevin Chapman, arrested August 16, 2025, for allegedly masturbating on a park bench at Kit Land Nelson Park in Apopka while facing children at a splash pad. Uthmeier's office issued a formal letter citing witness statements, photographs, video evidence, and confirmation from the arresting officer and park manager that Chapman had his hand in his pants for several minutes before his shorts dropped upon standing, exposing himself.

Worrell's office declined to file charges, describing the case as "not suitable for prosecution." In a subsequent press conference, Worrell stated that the assigned prosecutor determined the actions were wrong but could not be proven illegal beyond a reasonable doubt under Florida statute 800.04(7), which criminalizes lewd and lascivious exhibition in the presence of a child under 16 as a second-degree felony. She noted the toddler victim did not see the act and no adult clearly observed genitals, precluding both felony and misdemeanor charges.

Uthmeier criticized the decision as prioritizing the guilty over the innocent and part of a pattern, also referencing the dismissal of charges against Thomas Dolgos, 47, accused of possessing and sharing child sexual abuse material involving infants and toddlers. The AG's office highlighted video evidence and multiple families present as making the Chapman case "open and shut."

Worrell, who was suspended by Gov. Ron DeSantis in 2023 for alleged dereliction of duty before winning re-election, framed the criticism as politically motivated attempts to remove her again. The case has fueled ongoing political tensions between the offices, with Uthmeier's demands coming amid broader debates over prosecutorial discretion in Florida.

Local reporting confirms the timeline, evidence details, and statutory references from official documents and statements by both officials.

⚡ Prediction

LIMINAL: Persistent clashes over charging decisions in high-profile cases like this are likely to intensify calls for legislative or electoral changes to prosecutorial accountability in Florida circuits.

Sources (4)

  • [1]
    Attorney General James Uthmeier Demands State Attorney Worrell Prosecute Child Predators in the Ninth Judicial Circuit(https://www.myfloridalegal.com/newsrelease/attorney-general-james-uthmeier-demands-state-attorney-worrell-prosecute-child)
  • [2]
    Florida AG demands Worrell prosecute Apopka sex crimes case(https://www.orlandosentinel.com/2025/09/26/florida-ag-threatens-worrell-demands-she-prosecute-suspect-in-masturbation-case/)
  • [3]
    Fla. AG demands state attorney prosecute child predators(https://www.legalnewsline.com/florida-record/fla-ag-demands-state-attorney-prosecute-child-predators/article_dc0f19fb-b965-484a-be87-a7941c267e7f.html)
  • [4]
    Florida Attorney General James Uthmeier repeats call for State Attorney Worrell to ‘do her job’(https://www.clickorlando.com/news/politics/2025/09/26/florida-attorney-general-james-uthmeier-holds-news-conference-on-i-drive/)