A University of Florida resident assistant accused of pinning down a female student and attempting to sexually assault after luring her to his dorm room was released from jail last week after a judge agreed to reduce his bond amount, having seemed him ‘high achieving.’
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 to an incident that took place on 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 Jail on bond totaling $125,000, but his attorney later filed an emergency motion asking to release him on his own recognizance, citing, among other factors, his status as a ‘high-achieving student and member of the University of Florida community.’
Defense lawyer Ronald Kozlowki described the incident in his filing as nothing more than ‘a misunderstanding among platonic friends fueled by alcohol. Nothing in Mr Milaski’s past suggests he is a threat to the community at large.’
University of Florida senior and RA Ian Milaski, 21 (pictured in his mugshot, left), has been charged with kidnapping and battery for allegedly trying to force himself on a woman
Milaski is accused of luring a female friend to his room in Weaver Hall (pictured) on the UF campus under the guise of being drunk and requiring help
The accuser said when she arrived to give Milaski some water, he attacked her and tried to digitally penetrate her through her underwear after throwing her onto his bed
On Wednesday, Eighth Judicial Circuit Court Judge Mark Moseley sided with the defense and agreed to free Milaski without bond.
Under the conditions of his release, Milaski is required to wear a GPS device, have no contact with his accuser and stay away from Alachua and Sarasota counties, except for court appointments and ‘necessary’ events at the university.
Judge Mark Moseley on Wednesday freed Milaski from jail without bond after siding with his defense lawyer, who described the suspect as a ‘high-achieving’ student
Judge Moseley, a minister and former prosecutor specializing in sex crimes, was first elected to the bench in 2004. He was most recently re-elected to a new six-year term in 2016.
‘As a minister, I’ve had the opportunity to counsel people,’ Moseley said in an interview with the Gainsville Sun in August 2004. ‘It’s also given me the insight of knowing that sometimes people can make mistakes, even great mistakes. But it doesn’t mean that they’re not good people and that they can’t turn their lives around.’
According to a University of Florida Police incident report, just before 2am 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 walked him to his room.
‘Once they arrived at his room, he began to attempt to “make out” with her,’ according to the report.
The woman told him ‘No,’ but the 6-foot-2, 165-pound Milaski allegedly restrained her by pulling on her wrist and told her, ‘I want to sleep with you!’ according got the complaint.
The woman again told the drunken RA to stop and let her leave, but the 21-year-old man allegedly refused and continued imploring the student to have sex with him.
The woman then made up a story about needing to get her keys from the hallway and moved toward the door, but at that moment Milaski allegedly grabbed her, picked her up off the floor and threw her onto his bed, the complaint states.
Milaski, pictured far left next to Senator Marco Rubio (center), majors in business and economics, and works as an RA and a teaching assistant on campus
‘Once on the bed, he positioned himself on top of her and began attempting to put his hands underneath her underwear,’ the court document states. ‘She believed that he was trying to digitally penetrate her. He kept trying to “finger her” thru [sic] her underwear, and refused to let her go despite her cries to stop.’
Eventually, the woman was able to free herself from under Milaski and fled the room, according to the document.
She ran down the hallway toward her two male friends, who then walked her back to her own room in Tolbert Hall. One of the men stayed with the shaken and scared victim overnight at her request, according to the complaint.
Two hours later, the victim heard the door to her room opening and saw the outline of a person standing still in the doorway. She called out, ‘I see you!’
‘She then realized that the person was Milaski, and immediately felt terrified,’ the complaint rads.
The suspect allegedly tried to lay down next to the victim, who yelled for him to leave.
The woman’s screams awakened her male fiend, who came to her defense and ordered Milaski out of the room.
When interviewed by police, Milaski reportedly admitted to grabbing the woman by the wrist and repeatedly trying to get her to have sex with him.
The woman, whom DailyMail.com is not naming due to the sexual nature of the alleged crime, took to Facebook a day after Milaski’s arrest and described the incident in her own words.
The female student explained that she had known Milaski for more than a year and did not think twice about helping him because she considered him a ‘friend’ and a ‘trusted individual’ in his capacity as an RA.
Milaski’s lawyer characterized the alleged attack as ‘a misunderstanding among platonic friends fueled by alcohol’. He must wear a GPS device and have no contact with his accuser
‘I do not want this incident to be swept under the rug!’ she wrote in the status update. ‘I will continue to fight this and I will continue to fight him until the very end! I have a long way to but I’m determined to make sure that the responsible individual is held accountable for his actions.’
DailyMail.com on Tuesday reached out to the accuser seeking comment on Milaski’s release from jail.
In his emergency motion to reduce bond, Milaski’s defense lawyer, Ronald Kozlowski, painted a portrait of the suspect as a person with no criminal history and a valued member of the UF community responsible for imaginal more than 40 teaching assistance, in addition to his job as a resident assistant on campus.
The court filing dated August 30 stated that Milaski has led a community service project involving dozens of students and personally performed more than 210 hours of community service in the last two years.
The lawyer argued that Milaski’s retiree father and school board member mother cannot afford to pay the $125,00 bond because the amount is beyond their ‘modest means.’
In asking for his release without bond, the defense also cited the then-looming Hurricane Dorian, saying that Milaski’s parents would like him to come home to Cape Coral and help with storm preparations.
The motion also noted that if Milaski remains jailed, he will miss all the deadlines deadlines for his school assignments ‘and his academic future will be further jeopardized.’