A Notice of No Information has been filed in the matter of Andrew BERGKVIST, arrested August 16, 2023, charged with Sexual Battery (F1), and False Imprisonment (F3) by the Seminole County Sheriff’s Office after an investigation into allegations arising from a traffic stop on August 14, 2023.

Every criminal complaint that our office receives undergoes a careful and thorough review by experienced prosecutors to determine if they reasonably believe the alleged crimes can be proven beyond a reasonable doubt at trial. When that process finds the required evidence is not sufficient, prosecutors are ethically and legally obligated not to pursue prosecution of the defendant.

In this instance prosecutors noted several factors that weighed heavily on this decision. Most significant was the lack of physical evidence in support of the allegations, combined with exculpatory evidence that prevented the State from being able to overcome claims by BERGKVIST that the “pat down” search of the victim was consensual, warranted, and did not involve unlawful intentional touching.

While BERGKVIST’s actions did not rise to the level of a crime under Florida statutes, this decision does not exempt him from possible violations of agency policy, Florida State Standards for law enforcement officers, or federally protected constitutional rights.

BERGKVIST has been flagged within our electronic records system as a witness falling under our Mandatory Disclosure Policy (commonly known as a “Brady Notice”). As a result, this incident will be disclosed to attorneys associated with any qualifying case in which BERGKVIST is a witness.