UF Student With Dating Violence Case Granted Motion to Remove Ankle Monitor
A University of Florida (UF) student facing a misdemeanor case of battery will no longer be required to wear an ankle monitor as part of his pretrial release conditions.
Last month, Gainesville Police Department (GPD) officers arrested Omar Hatem Elsayed, 22, after a verbal altercation with his ex-girlfriend turned physical.
According to the arrest report, after the victim broke up with Elsayed, he agreed to return some of her belongings that she left at his apartment.
Once he arrived at the victim’s residence, Elsayed reportedly refused to return the victim’s stuff, prompting her to grab it out of his vehicle. When she reached inside, Elsayed, who was sitting in the vehicle, reportedly grabbed her by the hands and wrists and squeezed hard enough to leave visible injuries. The victim told police that Elsayed attempted to pull her forward into the vehicle through the window, but she managed to get her stuff and escape into her apartment.
GPD Officer Taryn Roberts reported, “[Elsayed] stated once the victim arrived at the parking lot, where he was sitting in his vehicle, she was upset and using an aggressive tone. [Elsayed] couldn't specify what the two were discussing. [Elsayed] stated the victim then reached through the driver's window and hit one of the buttons to unlock his vehicle. [Elsayed] stated he put his hand down to block the victim from pushing any of the buttons in his vehicle. [Elsayed] stated the only contact between him and the victim during this incident was when she touched him, attempting to push the buttons in his vehicle. [Elsayed] stated he did not know if the victim had made any statements about her belongings before attempting to grab her belongings out of his vehicle. When asked about how the victim received bruising and a scratch on her hand, [Elsayed] then requested to speak to a lawyer, stating, ‘I do not want to say the wrong thing.’ The victim had visible bruises on her left hand and wrist and a scratch on her right hand.”
Elsayed was released on his own recognizance within a day of his arrest under the conditions that he not contact the victim and wear an ankle monitor.
On September 23, Elsayed’s lawyer, John Pierce Senkarik, motioned to modify the bond conditions to remove his client’s ankle monitor. The motion said Elsayed “prays this court will remove the bond condition.”
Senkarik argued, “The State has not articulated any specific concerns or special circumstances of this case requiring the use of this device, nor how the requirement of this device would address those concerns that other, less restrictive or burdensome measures would not satisfy. The use of this device is unnecessary and redundant considering the standing No Contact Order and the circumstances of the alleged incident. The requirement of this device is financially burdensome to the Defendant and restrictive to his ongoing attendance at UF. Defendant has no wish to have any contact with the Alleged Victim, nor return to her residence. The standing No Contact Order is sufficient to address any concerns the State may have… Defendant has no prior criminal history and is a well-regarded member of the academic community as a student at UF.”
On October 6, Judge Meshon Rawls granted Senkarik’s motion and ordered for Elsayed’s ankle monitor to be removed.
According to his LinkedIn account, Elsayed is perusing a bachelors degree in computer science at UF.
If Elsayed contacts the victim in any way, directly or indirectly, physically or electronically, he could face new charges and go back to jail.
