Former firefighter sent lewd photos: City of Marco Island to pay $25,000 to family
The City of Marco Island and a former firefighter who sent lewd photos to a teenage girl will each pay $25,000 to the girl's family.
The victim's family filed a negligence claim against the city in 2021, requesting more than $100,000 and a jury trial, according to court documents.
But the trial, set for August 7, was canceled, and a third-party settlement was reached, in which both the city and ex-firefighter Nicholas Macchiarolo, 32, must pay.
“I am just glad to see that the court supplied a measure of justice for my client by holding both, the City of Marco Island and Mr. Macchiarolo responsible for their reprehensible conduct,” Mary Colina-Fowler, the victim's lawyer, said.
In February of 2019, Macchiarolo pleaded no contest to a third-degree felony charge of unlawfully using a two-way communication device to facilitate or commission a felony, according to court records. As part of the plea deal, two counts of transmission of harmful material to a minor and one count of obscene use of a computer to seduce, solicit or lure a child were dropped.
He was sentenced to three years of state probation, no contact with the victim or her family and a psychosexual evaluation, as well as fines and fees of nearly $3,000.
Previously: Marco Island firefighter, 26, accused of sending lewd photos to girl
More: Marco Island Fire Department requests CCSO investigate sexual misconduct claims
The Collier County Sheriff's Office arrested Macchiarolo in May 2018 after the girl's mother contacted law enforcement about fears that her daughter was "engaging in sexual activity," according to an arrest report.
The girl, who was 16 at the time, told detectives in an interview she had known Macchiarolo for years and began messaging each other on Snapchat in November of 2017. She said the messages turned sexual in January of 2018, and Macchiarolo sent at least two photos of his penis and talked about having sex with her, according to an arrest report.
In a May 4 interview at the Marco Island Fire Department, Macchiarolo admitted he sent the photos and had sexually charged conversations via Snapchat and Facebook Messenger, according to the arrest report. Macchiarolo said he believed she was 21.
One week after taking the plea deal, the Fire Department terminated Macchiarolo, and he still no longer works there, said Fire Chief Chris Byrne on Wednesday. He was not chief when Macchiarolo was fired.
The ex-firefighter also has a history of shoplifting, court records show. In November of 2019, Collier County Sheriff's Office arrested Macchiarolo at a Naples Target, where the store's loss prevention unit reported he had been seen shoplifting three times in the past. The Florida Department of Corrections recommended jail time.
More: Jail time recommended for ex-Marco firefighter accused of violating probation
This article originally appeared on Naples Daily News: city of marco island and ex firefighter pay 25000 to family
