State says why charges were dropped against boyfriends accused of sexually battering special needs men

The State Attorney’s Office released decline memos explaining why charges against two Bradenton men accused of sexually battering special needs men were dropped.

The investigation into possible sexual misconduct began in November 2016 by the Manatee County Sheriff’s Office.

On Jan. 13, the state dropped all four charges against 30-year-old David Makynen, who at the time of the alleged crimes was a supported living coach for many special needs adult group homes in Florida, including in Manatee and Sarasota counties.

Jeremiah Damsgaard, Makynen’s 25-year-old boyfriend, was not involved in an official capacity within the group homes, according to law enforcement, but still faces most of the charges against him.

As per the decline memo for three sexual battery charges against Makynen, the state dropped the charges because there were no psychologists that could say two of the alleged victims weren’t mentally competent to make their own decisions.

The third alleged victim was said to have cerebral palsy and was “mentally defective,” but the only evidence the state had was “uncorroborated testimony of the biased co-defendant,” Damsgaard, who law enforcement said was trying to separate himself from Makynen’s financial issues and “freely stated he was upset with (Makynen) and homeless as a result of (Makynen’s) actions.”

The State Attorney’s Office declined the lewd and lascivious battery on a minor charge against Makynen because there were no witnesses or no physical evidence, according to the decline memo. The co-defendant, Damsgaard, had admitted to the sexual activity but Makynen denied any involvement, the memo said.

Also on Jan. 13, one sexual battery charge against Damsgaard was dropped because although the alleged victim is labeled as “mildly mentally retarded,” he is also considered a “Competent Adult” who doesn’t need guardianship, according to the decline memo.

Damsgaard still faces nine other charges: five charges of lewd or lascivious battery on a minor and four charges of lewd or lascivious molestation on a minor.

This story was originally published January 20, 2017 at 2:20 PM with the headline "State says why charges were dropped against boyfriends accused of sexually battering special needs men."