A resident assistant from the University of Florida accused of pinching a female student and attempting sexual violence after luring her to his dormitory was released from prison last week after a judge agreed to lower his bond amount because he & # 39; high performance & # 39; seemed to have.
According to court documents obtained by DailyMail.com, 21-year-old Ian Milaski from Cape Coral was arrested on August 28 on charges of simple battery – touch or strike and kidnapping in connection with an incident that took place at the University of Florida campus three days earlier.
Milaski, a senior with a double major in business and economics, was initially booked into the Alachua County prison on a bond of $ 125,000 in total, but his lawyer later filed an emergency move and asked him to release his own recognition, including citing status as a & # 39; high-performing student and member of the University of Florida community & # 39 ;.
Lawyer Ronald Kozlowki described the incident in his application as nothing but & # 39; a misunderstanding among platonic friends fueled by alcohol. Nothing in the past of Mr Milaski suggests that he is a threat to the community as a whole. & # 39;
University of Florida senior and RA Ian Milaski, 21 (photo in his mugshot, left), has been accused of kidnapping and battery for alleged attempt to force herself on a woman
Milaski is accused of luring a girlfriend to his room in Weaver Hall (photo) on the UF campus under the guise of being drunk and needing help
The prosecutor said when she arrived to give Milaski some water, he attacked her and tried to digitally penetrate her through her underwear after he threw her on his bed
On Wednesday, eighth judicial circuit judge Judge Moskel went in the side of the defense and agreed to release Milaski without a band.
Under the terms of his release, Milaski is obliged to wear a GPS device, not to be in contact with his prosecutor and to stay away from the provinces of Alachua and Sarasota, except for court agreements and & # 39; necessary & # 39; events at the university.
Judge Mark Moseley freed Milaski from prison without a bond on Wednesday after choosing his lawyer, who described the suspect as a & # 39; high-performing & # 39; student
Judge Moseley, a minister and former public prosecutor specializing in sexual crimes, was first appointed in 2004. He was recently re-elected for a new six-year term in 2016.
& # 39; As a minister, I had the opportunity to advise people, & # 39; said Moseley in an interview with the Gainsville sun in August 2004. & # 39; It also gave me the insight to know that people can sometimes make mistakes, even major mistakes. But it does not mean that they are not good people and that they cannot change their lives. & # 39;
According to an incident report from the University of Florida Police, just before 2 am on August 25, Milaski called a female student he was friends with and asked her to bring him some water because he was drunk.
When the woman arrived at Weaver Hall a few minutes later, she offered Milaski water and brought him to his room.
& # 39; Once they arrived in his room, he started trying with her & # 39; & # 39 ;, according to the report.
The woman told him & # 39; No & # 39; but the 6-foot-2, 165 pounds Milaski would have restrained her by pulling her wrist and said: & # 39; I want to sleep with you! & # 39; according to got the complaint.
The woman again told the drunken RA to stop and let her leave, but the 21-year-old man refused and continued to beg the student to have sex with him.
The woman then came up with a story telling her to get her keys out of the hall and went to the door, but at that moment Milaski reportedly picked her up, picked her up from the floor, and threw her on his bed, complains.
Milaski, pictured on the far left alongside senator Marco Rubio (center), majors in business and economics, and works as a RA and an assistant on campus
& # 39; Once on the bed, he placed himself on top of her and tried to put his hands under her underwear & # 39 ;, the court document says. & # 39; She believed he was trying to penetrate her digitally. He kept trying to "finger" her through her underwear and refused to let her go despite her cries of stopping. & # 39;
Eventually the woman was able to free herself under Milaski and flee the room, according to the document.
She ran down the hall to her two male friends, who then let her back to her own room in Tolbert Hall. According to the complaint, one of the men stayed at the request with the shocked and frightened victim.
Two hours later the victim heard the door to her room open and saw the outline of a person standing in the doorway. She shouted: & # 39; I see you! & # 39;
& # 39; She then realized that the person was Milaski and immediately felt terrified & # 39 ;, complains the complaint.
The suspect reportedly tried to lie down next to the victim, who yelled at him to leave.
The woman's screams woke her male devil, who defended her, and Milaski ordered him to leave the room.
When interviewed by the police, Milaski reportedly admitted that he grabbed the woman's wrist and repeatedly tried to get her to have sex with him.
The woman, who does not mention DailyMail.com because of the sexual nature of the alleged crime, went to Facebook the day after the arrest of Milaski and described the incident in her own words.
The female student explained that she had known Milaski for over a year and did not think twice about helping him because she considered him a & # 39; friend & # 39; and a & # 39; trusted person & # 39; in his capacity as RA.
Milaski & # 39; s lawyer characterized the alleged attack as & # 39; a misunderstanding among platonic friends fueled by alcohol & # 39 ;. He must wear a GPS device and must not be in contact with his prosecutor
"I don't want this incident to be swept under the carpet!" She wrote in the status update. "I will continue to fight against this and I will continue to fight it to the end! I have a long way to go, but I am determined to ensure that the responsible person is held responsible for his actions. & # 39;
DailyMail.com contacted the prosecutor who was looking for comment on the release of Milaski from prison on Tuesday.
Milaski's defense lawyer, Ronald Kozlowski, in his emergency motion to reduce the band painted a portrait of the suspect as a person with no criminal history and a valued member of the UF community who was responsible for imaginary more than 40 educational support, next to his job as an assistant on campus.
The court filing of August 30 stated that Milaski has led a community project involving dozens of students and personally performed more than 210 hours of community service in the last two years.
The lawyer argued that the retired father and mother of Milaski's school board cannot afford to pay the $ 125.00 deposit because the amount is their & # 39; modest means & # 39; exceeds.
By asking for his release without a band, the defense also cited hurricane Dorian, who said that Milaski's parents wanted him to come home to Cape Coral and help prepare for the storm.
The motion also noted that if Milaski stays in jail, he will miss all deadlines for his school assignments & further jeopardize his academic future & # 39 ;.
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