(Polk County, Florida) – Former Riverton church youth group leader Richard Shaw was found “not guilty” of lewd molestation (of a child under the age of 12) by a Florida jury, following a one-day jury trial held on December 2 in Polk County, according to online court filings available on the Polk County Clerk of Courts website.
Shaw was arrested and extradited to Polk County, Florida back in January, after being charged with felony lewd molestation for incidents reported to have happened in December of 2023.
A Polk County Sheriff’s Department (PCSO) press release issued on January 10 stated that Shaw visited Lakeland, FL in December of 2023, and that when he returned to Wyoming (around December 29), a reported victim disclosed to her mother that Shaw had “inappropriately touched her underneath and over the top of her clothing while he was there,” on two separate occasions.
That PCSO release went on to share that the victim’s mother then called Shaw, which the affidavit on file indicates was a recorded conversation.
That affidavit states that Shaw initially denied the victim’s claims (which were also disclosed to detectives in a forensic interview) during the phone call, saying the touching was “accidental,” but when the victim’s mother asked Shaw to “be honest,” he replied that he was “afraid of the consequences.”
Shaw later replied “yes” when asked again directly if had intentionally touched the victim, and when asked if it was for “sexual reasons,” he commented that “It wasn’t with the intention of hurting anybody.”
The mother then asked if Shaw was a “sexual predator,” and he replied, “No. I don’t believe that’s true,” but also stated, “No, I wouldn’t be alone with (name redacted) again” when she asked if he could be trusted with the victim alone.
The PCSO release also stated that during detectives’ interview with Shaw, he told them he has “an addiction to pornography,” and that when he touched the Lakeland victim, he “gave in to temptation.”
A warrant was then issued for Shaw’s arrest, and he was later arrested/detained by the Riverton Police Department on January 4.
Shaw’s initial appearance hearing was held on January 28 in Florida, and he later pled “not guilty” to the charge on February 13.
Shaw’s pre-trial conference was originally set for April 9 but was rescheduled multiple times in the months leading up to the December jury trial.
On October 17, a motion was filed to suppress evidence/statements Shaw made while being questioned, stating that he had not been read his Miranda rights when the Polk County Sheriff’s Office traveled to Wyoming on January 4, 2023, to execute the warrant.
The motion informs that when the Polk County Sheriff’s Office detectives arrived at Shaw’s home, they introduced themselves and asked to speak with him. He agreed, and they interviewed him at his home, where he was asked specific questions about the events he was charged with. Additionally, Shaw “willingly” gave his phone to detectives, which was also searched for incriminating evidence.
The motion then informs that “at no point in time was he read his Miranda warnings or advised that they had a warrant for his arrest” during the interview or phone search.
“The defendant’s responses to the questions of the Polk County Sheriff’s detectives are incriminating,” the motion continues. “At no time was the defendant advised that his statements can and would be used against him.”
“At all points in time through this encounter, the defendant was in custody and not free to leave. The defendant was arrested on January 4, 2024 based on the warrant and the statements he provided.”
“Generally Miranda warnings are not required where an individual makes statements during a consensual encounter,” the motion also informs. “They are required only where the defendant is in custody and under interrogation.”
The motion states that “generally there are four factors that the Florida Supreme Court has recognized for determining whether a person whether a reasonable person would consider himself or herself in custody,” including “the way the police summon the suspect; the purpose, place and manner of the interrogation; the degree to which the officers confronted the suspect with the evidence; and whether officers told the suspect he or she was free to leave.”
The motion claimed that in this case, Shaw complied with the detectives’ requests and answered all their questions, and that it was not until “45 minutes into the interview (he) is told there is a warrant and he is being arrested.”
“A reasonable person in this situation would not find himself free to leave,” the motion concludes.
That motion was ultimately denied “finding under the totality of the circumstances” at a November 8 motion hearing, according to further court filings. The order denying the motion states the “defendant was not in custody such that Miranda warnings were necessary when interviewed inside his house.”
Despite the motion being denied, the Polk County jury ultimately found Shaw to be “not guilty” at the December 2 jury trial, and the “not guilty” verdict was submitted the following day.
During the initial investigation, the Polk County Sheriff’s Office shared they were working with the Fremont County Sheriff’s Office (FCSO). When asked for comment during that time, Sheriff Ryan Lee told County 10 that their office had “an open investigation” on Shaw, “concerning any possible criminal activity.”
At this time, the FCSO has “no comment” regarding the investigation.