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State Attorney Drops Battery Charge, Ignores Video Evidence

BROOKSVILLE, FL – An article R News published last week relating to a Principal at Plato Academy in Pasco County has a new twist involving a case out of Hernando County.

While conducting a background check on Principal Joseph Musselman, we discovered that last August he was arrested for allegedly slapping a Sam's Club employee.

According to reports, employee Jherika Schleich was pushing a cart of items to a pickup area when she encountered Musselman standing in the doorway. Schleich "politely" said to Musselman, "Excuse me." Musselman turned and stated, "Pardon me," with an attitude. Schleich again stated, "I said, excuse me; I need to get to this area over here." That's when Musselman attempted to backhand her, striking her glasses.

Deputy Johnson of the Hernando County Sheriff's Office responded to the scene and took Schleich's report. Johnson also viewed surveillance video, which he said corroborated her story. Johnson subsequently placed a CD of the video into evidence.

After receiving a warrant for his arrest, Pasco County Sheriff's Deputies took Musselman into custody in September on one charge of Misdemeanor Battery, but just one month later the State Attorney's Office dropped the case against Musselman.

In a letter to Musselman's attorney on October 22, Fifth Judicial Circuit Assistant State Attorney Rachel Bagnasco stated, "This does not rise to the level of a battery. It is a commonplace interaction at a busy store. No harm, no damage. No jury appeal. Wait to see video (if it exists)." So, according to Bagnasco, she had not even reviewed the video evidence which Deputy Johnson said was secured. R News attempted to contact Bagnasco for comment, but she has yet to respond.

Schleich tells R News that she was shocked at the decision and that she has no idea why they would drop the case when there is video evidence of the crime. When she tried to retrieve the video, the Hernando County Sheriff's Office told her it could not be released due to privacy reasons and that she would have to hire an attorney. R News also attempted to acquire the video but was told by officials, "No record responsive."

Although Schleich was not injured, the incident brought back memories of recent abuse she experienced in a relationship. "I'm a victim of domestic abuse that went on for a 5-year period. The slap across the face that or received from this a**hole triggered me so badly that I had to start going back to therapy."

It's unknown what if any, legal options Schleich may have in reinstating criminal prosecution or if she will pursue a civil lawsuit against Musselman for his actions.

 

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