Prosecutors drop charges for Bradenton sub accused of pulling student into closet
A substitute teacher accused of pulling a student into a closet at a Bradenton elementary school will not face charges after prosecutors said the evidence was not strong enough.
Prosecutors said they declined to file the case against Malik Belvin, 26, after reviewing a sheriff’s office investigation into a 10-year-old student’s report at Abel Elementary School. Investigators said they found probable cause to arrest Belvin Sept. 30 , but prosecutors later determined there was not enough evidence to prove the allegation.
Belvin was previously facing a charge of lewd and lascivious conduct, according to court records. The charge is a second-degree felony punishable by up to 15 years in prison under Florida law.
In a decision issued Nov. 4, prosecutors said in a memo provided to the Bradenton Herald that the student reported the incident happened on Sept. 26, while Belvin was the only adult in the classroom. According to the memo, the girl told detectives she went to the water fountain in the back of the room and said Belvin grabbed her arm, pulled her into a large storage closet and told her to remove her clothes.
Prosecutors wrote that she said she did not take off any clothing, ran to the bathroom and waited there crying before returning to her desk. They said she did not disclose what happened until the regular teacher returned the following Monday.
According to prosecutors, detectives interviewed all 22 children who were in the classroom that day. Prosecutors wrote that every student described Belvin’s behavior as unprofessional, including reports that he swore at students, mocked them and spent time scrolling on his phone instead of helping with classwork.
Charges dropped against Manatee sub teacher
However, prosecutors said none of the children reported seeing Belvin pull the student into the closet, seeing the closet door closed, or observing either of them enter or exit the closet. Prosecutors also wrote that no students reported seeing her upset.
Investigators said they processed the closet for fingerprints, but none belonging to Belvin or the student were found.
In an interview with detectives, Belvin denied asking the student to remove clothing or attempting to touch her, according to an arrest report.
Assistant State Attorney Ashley Dusnik wrote that prosecutors could not corroborate the student’s disclosure or meet the burden of proof required to move forward. “While the allegations of the victim are serious, there is insufficient evidence available to corroborate her disclosure and prove the crime alleged beyond a reasonable doubt,” Dusnik wrote.
Prosecutors said they notified the student’s mother and detectives of the decision.
District officials previously said Belvin, a former contracted substitute, “has been barred from all District campuses” following the allegations. In that earlier statement, the district said it had been notified of the arrest by the sheriff’s office, was cooperating with law enforcement and was “actively reviewing our processes for background screenings.”
At the time, officials said, “Our counselors are available to support students and staff as needed. The safety and well-being of our students will remain our highest priority.” The district also said it notified the staffing agency that employed Belvin and informed families at Abel Elementary and Sugg Middle School of the situation.
Letters sent then to parents said the alleged incident occurred at Abel and that Belvin appeared briefly at Sugg the following Monday before he was removed after school leaders learned of inappropriate comments.
The district did not immediately respond to the Bradenton Herald’s request for comment about whether Belvin is still barred from district campuses.
