A Florida sheriff faces a $500 fine for breaking public records rules when he unintentionally shared a photo of a decomposing 13-year-old girl on his Instagram account. Osceola County Sheriff Marcos Lopez apologized for sharing a photo of Madeline “Maddie” Soto, who was discovered dead in a rural field in March.
Stephan Sterns, 37, her stepfather, is charged with first-degree murder, capital sexual battery of a juvenile under the age of 12, and possession of documents depicting a child’s sexual performance.
The Ninth Circuit State Attorney’s Office issued a noncriminal citation to Lopez last week, alleging that he “failed to comply with Florida public records laws making a photograph that depicts the killing of a minor confidential and exempt from public disclosure.” The citation continues, “DID: Publish a photograph depicting the killing of a minor, to wit: Madeline Soto.”
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In the state of Florida, anyone who “willfully and knowingly” discloses the image of a deceased minor who was the victim of domestic abuse without the family’s permission is charged with a third-degree felony. Lopez must appear before an Osceola County judge on December 20 for a noncriminal hearing. The sheriff’s office stated it was preparing a statement. It also issued a statement many days after the photo was revealed.
“On March 2, 2024, a social media post was shared about a senior community function. An investigative photo was mistakenly included in the post. The photograph was promptly removed. We sincerely regret for any confusion or disturbance this has caused. As with any investigation, the material gathered is confidential, and any incorrect disclosures will be swiftly corrected,” according to the statement given to Law&Crime.
The Florida Department of Law Enforcement examined how the photo was posted, but the outcome of that investigation is unknown.
Lopez’s actions sparked widespread condemnation.
“(I) am deeply disturbed that (the photos) were carelessly made public, albeit as an accident according to a statement by the Osceola County Sheriff’s Office,” Ninth Judicial Circuit State Attorney Andrew Bain wrote in an email to Orlando CBS affiliate WKMG. “While I do not believe these photos will have any evidentiary impact on the case as of now, they were released in poor taste.”
Russ Gibson, Lopez’s predecessor as sheriff who is running against him again in an election next month, claimed in a social media post that several people contacted him after the photo was shared.
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“This is 100% unacceptable and 100% shameful and disrespectful to Madeline, her family and friends,” according to Gibson. “I have a copy of the post, but I will not upload the photograph out of respect for Miss Madeline. “The time for Marcos Lopez and certain members of his administration to dishonor themselves, our agency, and our great country is over.”
According to Law&Crime, Maddie’s mother reported her missing when she arrived to pick her up at Hunter’s Creek Middle School, but she was not present. Her mother’s boyfriend, Sterns, claimed to have left her off near the school that morning. But the Orange County Sheriff’s Office discovered he never dropped her off.
According to investigators, surveillance video captured her death as he drove his vehicle through their Kissimmee apartment complex on the morning of February 26. Deputies also discovered photographs on his phone depicting him sexually assaulting Maddie in 2022, according to a probable cause arrest complaint.
Maddie’s body was retrieved on March 1. Sterns was indicted and faced the death penalty.
Lopez’s post is not the only one from the sheriff’s office about the case that has stirred controversy. Nirva RodrÃguez, Executive Director of the Osceola County Sheriff’s Office, shared a selfie on social media with Sterns in the backdrop as deputies walked him out. The post, written in Spanish, translates to “If God’s love has been poured out over your life, don’t let evil keep you from what He has planned for you.”