Filing 91887282 E?Filed 06/28/2019 09:39:47 PM IN THE CIRCUIT COURT OF THE SECOND JUDICIAL CIRCUIT, IN AND FOR LEON COUNTY, FLIRIDA JONES, REBEKAH DANIELLE Case N0.: 2019 CA 001553 PLAINTIFF VS SWEETERMAN, GARRETT MICHAEL DEFENDANT STATEMENT OF CLAIM Rebekah Jones, henceforth referred to as victim and Plaintiff, and Garrett Sweeterman, henceforth referred to as Defendant, were in a sexual and romantic relationship from a period beginning in May 2017 and ending in October 2017. A child conceived during this period was born in July 2018. Defendant did knowingly and repeatedly subject Plaintiff to sexual, physical and emotional abuse over a period of 15 months while both Petitioner and Defendant resided in Leon County, Florida, and for three months while Defendant resided in Hillsborough County, Florida. Defendant sought to coerce Plaintiff into an abortion in September-October 2017. Defendant used manipulation, deception, threats, violence, harassment, and emotional and abuse to coerce Plaintiff, even after she stated clearly and repeatedly that she did not want to have an abortion. When Plaintiff refused to terminate her pregnancy, the two ended their relationship. Defendant knowingly, repeatedly and maliciously engaged in a pattern of criminal behavior for the purpose of causing extreme emotional duress to Plaintiff in retaliation for victim?s decision not to terminate the pregnancy. Jones Sweeterman Page 1 of 10 1 July 2019 Defendant knowingly and repeatedly used extreme and outrageous conduct of intentional and reckless cause that resulted in severe emotional stress to Plaintiff and her family for a period beginning in August 2017 and continuing through June 2019, through: repeated harassment (784.048 libel and slanderous statements about plaintiff and her family (863.04), defamation of plaintiff (836.04), sexual battery (794.011), dating violence (784.046 filing of false reports (817.49), making false statements to police (837.05, 817.155), committing perjury (837.01), stalking (784.0485), child abandonment (154.067), and retaliation against a victim (914.23). The emotional distress experienced as a direct result of this outrageous behavior has greatly impacted Plaintiff, and by extension her family. Plaintiff was pregnant when she was fired due to Defendant?s false statements, causing an immediate financial hardship, forcing Plaintiff and her spouse to borrow thousands of dollars in loans and from family. Because of the damage to her reputation made by Defendant?s false statements, Plaintiff had difficulty finding employment while under investigation. Plaintiff was afraid for her own safety, was unable to function normally, and was unable to work until September 2018, a year after the abuse began Plaintiff filed two injunctions for protection against dating violence during this period, and the repeated stress of court appearances while nearing the end of her pregnancy took a physical and mental toll on the victim. Plaintiff entered a state of serious and deep depression, manifesting itself in repeated panic attacks, a near total loss of sleep, sexual aversion, appetite changes, major anxiety, and physical pain. Additionally, the mental and physical toll Defendant?s behavior inflicted upon Plaintiff?s minor son continues to be an issue. Plaintiff?s son can no longer be separated Jones Sweeterman Page 2 of 10 1 July 2019 from his mother at home, afraid that she will be attacked or that she will be wrongfully arrested or otherwise detained again. Twice police took Plaintiff from her home in front of her family, based on false statements and manufactured evidence Defendant provided to police. Plaintiff?s son still has nightmares and can no longer sleep by himself. He is afraid of the police, and cries every time Plaintiff leaves home, afraid she will never come back. This makes any period of separation an emotionally taxing experience on everyone in the household. The extreme Defendant went to destroy Plaintiff?s life, in retaliation for refusing to terminate her pregnancy, show a repeated and disregard for the health and safety of others. Detailed documentation of the abuse has been included in attached documents. Plaintiff seeks a judgment in her favor and damages in the amount of CHARGES RELTING TO THIS CASE Charge 1: Intentionally In?icting Emotional Distress (IIED) Through the course of their relationship, Defendant committed sexual battery, domestic violence, harassment, stalking, defamation, and a host of other crimes in his pursuit to destroy Plaintiff?s reputation and well-being. Defendant retaliated against Jones for her decision not to terminate her pregnancy, and attempted to have Jones fired from her job, suspended from school, arrested, and involuntarily held at a mental health facility in 2017-2018. Defendant again retaliated against Plaintiff for filing a paternity suit and publishing the story of the abuse she experienced in 2019. Conspiracy to commit sexual battery; and, Sexual Battery (Florida Statute 794.011): Jones Sweeterman Page 3 of 10 1 July 2019 A. Defendant did knowingly conspire to commit sexual battery (Florida Statute 794.011). Defendant threatened Petitioner with sexual battery on August 15, 2017, stating to Plaintiff: ?When I fuck you I?m not wearing a rubber. You?re going to feel every bit of it. You can pretend like you?ll be able to stop me.? Plaintiff made clear to Defendant that she would not engage in sexual relations without protection on several previous occasions, including immediately after Defendant?s statement. Plaintiff told defendant, ?You?ve got to. That?s not a safe lifestyle,? and, stopped you in my office,? a reference to a previous encounter in which Plaintiff stopped sexual activity because Defendant had not brought protection. B. Defendant did knowingly commit sexual battery against Petitioner on August 28, 2017, when Defendant pinned Plaintiff down and engaged in sexual intercourse conditional upon use of a condom without affirmative consent, by removing the condom midway through intercourse without Plaintiff?s knowledge or consent. Defendant showed a clear and repeated pattern of disregarding Plaintiff?s wishes to only have protected sex by threatening that she would not be able to stop the defendant from doing so, and by removing a condom during sex without Jones? consent or knowledge, and by refusing to wear condoms during each following act of intercourse (Florida Statute 90.404 Domestic violence and emotional abuse (741.28, 784.03) This history of emotional abuse toward Plaintiff extends throughout the entire period the two were engaged in a sexual relationship, beginning in May 2017, but also continued after their breakup in October 2017. Defendant committed numerous acts of emotional abuse and violence, including: name calling, yelling, public embarrassment, threats, digital spying, direct orders, physical outburst, feigned helplessness, guilt, Jones Sweeterman Page 4 of 10 1 July 2019 jealousy, denying abuse, accusing victim of abuse, blaming victim for abuse, withholding affection, ignoring victim, and physical harm. A. Defendant did on two occasions commit battery against Plaintiff after she refused to agree to a termination of her pregnancy (741.28, 784.03). Defendant verbally assaulted then shoved victim in a hotel room on September 28, 2017, and violently threw victim to the ground on October 5, 2017. Defendant also assaulted and threatened Plaintiff on October 16, 2017. B. Defendant maliciously and repeatedly stalked and harassed Plaintiff for a period of six weeks in September-October 2017 to coerce her to commit to an abortion. Defendant sent hundreds of unwanted text messages to Plaintiff after she repeatedly and explicitly asked him to leave her alone. Defendant would show up to Plaintiff?s place of employment without notice or warning and demand he meet with her. Defendant asked a friend to provide information on victim?s location so that Defendant could follow her to her doctor?s appointments after victim repeatedly told Defendant she did not want him there. C. Defendant admitted to Florida State University police and administrators that he repeatedly lied to and manipulated the Plaintiff, telling her that he loved her so that he could coerce her into doing what he wanted. Defendant admitted to police that he faked multiple illnesses, conditions and emergency room/clinic visits as a means of guilting the Plaintiff into committing to an abortion and causing her extreme emotional duress. Defendant admitted to extensive emotional abuse in multiple interviews with Florida State University and FSU Police. D. Defendant created fictitious text messages alleging the Plaintiff was harassing him and was suicidal in an attempt to further harass and dehumanize the Jones Sweeterman Page 5 of 10 1 July 2019 Plaintiff, making false statements to police, filing false police reports, and submitting false sworn statements to the court related to the fictitious messages. E. Defendant texted Plaintiff from various cell phone numbers to threaten and harass her, telling her that he could have her arrested and sent to jail at any time he wanted if he felt like lying to police. F. Defendant harassed and threatened Plaintiff?s friends via social media. G. Defendant repeatedly tried to use police resources to further harass and harm Plaintiff, even calling police after receiving third?party advertisements for baby items online. H. Defendant attempted to have Plaintiff arrested for a violation of an injunction by showing police a message from Plaintiff?s husband?s non-existent Facebook account. 1. Defendant tricked Plaintiff into meeting him so that he could file a police report saying she had violated a court-ordered injunction, after he told the Plaintiff he had the injunction lifted and asked him to meet her. I. Defendant Withheld critical health information from Plaintiff regarding their biological child?s ongoing illness. K. Defendant retaliated against Plaintiff for filing a paternity suit, and attempted to use the health information as leverage for coercing Plaintiff into silence about the abuse, threatening to file criminal charges and civil suits if Plaintiff did not agree to remove her story that named his as an abuser. Charge 2: Defamation, Libel and Slander Defendant did repeatedly make false statements of fact to third parties intended to hurt the Plaintiff?s reputation and economic wellbeing. Defamatory per se statements included those that: hurt Plaintiff?s profession, imputed serious sexual misconduct, and Jones Sweeterman Page 6 of 10 1 July 2019 falsely stated Plaintiff has been involved in criminal activity. Lawnwood Medical Center, Inc. v. Sadow, 43 So.3d 710, 729 (Fla. 4th DCA 2010). A. Defendant knowingly made false statements to Plaintiff?s employer with malice and evil intent to cause undue harm, resulting in termination of her employment in November 2017. Defendant knowingly made false statements to Plaintiff?s school with malice and evil intent to cause undue harm, resulting in Plaintiff?s suspension from the University in May 2018. Defendant made false statements about the nature of his relationship with Petitioner, accusing plaintiff of harassment and stalking, in addition to false, disparaging statements about Plaintiff?s character, and false accusations that Plaintiff had engaged in activities that would deem her unfit for her job duties. B. Defendant knowingly made false statements to third parties regarding the nature and history of his relationship with the victim for the purpose of causing extreme distress and harm to victim?s reputation, including accusations of a previous affair that never occurred, stalking, and harassment, to victim?s students, friends and coworkers, as well as Defendant?s family, friends and coworkers. Defendant?s false statements resulted in harassing phone calls and physical assault by defendant?s family and friends. C. Defendant knowingly gave law enforcement false information that led to the arrest of the Plaintiff (837.05), for which charges were never filed and a No Information notice submitted stating Defendant?s lies were the primary cause of no charges being brought. However, victim was still arrested and held for nearly four days in solitary confinement, where she had several panic attacks and was unable to eat or drink for days, solely based on Defendant?s false statement. Victim was in her third trimester of pregnancy. Jones Sweeterman Page 7 of 10 1 July 2019 D. Defendant provided false testimony to the Court that qualifies as criminal defamation under Florida Statutes 836.04, alleging the Defendant and Plaintiff engaged in a physical and sexual relationship in July 2017, before Plaintiff separated from her husband. In actuality, the Defendant and Plaintiff did not see each other or speak to each the entire month of July 2017, and did not start a sexual affair until after Plaintiff separated from her husband in August 2017. E. Defendant knowingly made repeated false statements to police about Plaintiff?s cause of termination and character, as well as the nature and history of their relationship. F. Defendant did knowingly make false statements to police regarding communication he had initiated toward Plaintiff while an injunction was in place. G. Defendant did knowingly make false statements about his paternity to the child who resulted from their affair to family, friends and coworkers, some of whom are mutual acquaintances with Plaintiff. H. Defendant did knowingly abandon his biological child in the year after she was born, publicly denying paternity although he had acknowledged paternity in the past and did not deny paternity when Plaintiff filed her paternity action in 2019. 1. Defendant did knowingly make false statements of fact to obtain a temporary injunction against stalking in October 2017. Defendant knew the statements he swore to and filed to be untrue, in order to obtain a civil order barring Plaintiff from her school and place of employment, to further embarrass and harass Plaintiff, and to retaliate against Plaintiff for refusing to terminate her pregnancy. Memorandum of Law Jones Sweeterman Page 8 of 10 1 July 2019 The elements of a cause of action for intentional infliction of emotional distress are: (1) the wrongdoer?s conduct was intentional or reckless; (2) the conduct was outrageous; (3) the conduct caused emotional distress; and (4) the emotional distress was severe. Florida's impact rule does not apply to cases where the tortfeasor's negligence may be characterized as willful or wanton." (citing Kirksey V. Jernigan, 45 So. 2d 188, 189 (Fla. Actions by defendant meet all four of these qualifications in abundance. Food Lion, Inc. V. Clifford, 629 So. 2d 201, 202 (Fla. 5th DCA 1993) (citing Williams V. City of Minneola, 619 So. 2d 983, 986 (Fla. 5th DCA 1993)). See Hagen v. Coca Cola Bottling Co., 804 So. 2d 1234 (Fla. 2001); Gracey V. Eaker, 837 So. 2d 348 (Fla. 2002); Florida Dept. of Corrections v. Abril, 969 So. 2d 201 (Fla. 2007); Rowell V. Holt, 850 So. 2d 474 (Fla. 2003); Kush V. Lloyd, 616 So. 2d 415 (Fla. 1992); Tanner V. Hartog, 696 So. 2d 705 (Fla. 1997), and Brady V. SCI Funeral Services of Florida, Inc., 948 So. 2d 976, 978 (Fla. 1st DCA 2007). Under Florida law, the elements of a defamation claim are: 1. the defendant published a false statement; 2. about the plaintiff; 3. to a third party; and 4 . the falsity of the statement caused injury to the plaintiff. Border Collie Rescue V. Ryan, 418 F.Supp.2d 1330, 1348 2006). All four elements are again present in abundance. Additionally, Defendant did knowingly commit both libel and slander by repeating false statements to third. parties. A claim alleging an intentional tort or negligence is required to be brought within four years from the time the plaintiff's cause of action accrued. Fla. Stat. (2016). cause of action accrues when the last element constituting the cause of action occurs." 95.031, Fla. Stat. The events for which Plaintiff is seeking remedy began Jones Sweeterman Page 9 of 10 1 July 2019 in May 2017 and continued through as recently as June 2019. Florida's statute of limitations for defamation is two (2) years. See Fla. Stat. The defamatory, libelous and slanderous statements began in July 2017, and continued through June 242 2019. Rebekah D. Jones 2540 Centerville Court Tallahassee, FL 32308 C: (315) 278 5053 E: Pro se Respondent CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by electronic mail Via the Florida Courts E?Filing system on this 28fh day of June, 2019, to Petitioner?s attorney, Thomas Schulte Jr., tsehulte?i?au sley?om. Rebekah D. Jones Jones Sweeterman Page 10 of 10 1 July 2019