Pretrial Detention Motion Denied; Man Arrested for Rape at Theta Chi Fraternity Released on Bond

Update 10/15: New information was added and the headline was changed to reflect current events.

University of Central Florida student Matthew Ian Hernandez, 19, was arrested on Sunday and charged with sexual battery against a defenseless victim. 

The arrest report states Hernandez got the victim drunk at a Theta Chi Fraternity house party (501 Fraternity Dr) and raped her in the bathroom after an argument.   

Hernandez was arrested at 505 NW 13th St., a day after the victim reported it. 

Hernandez told University of Florida Police Department Sergeant Devin Burgoyne that he thought the victim was “pretty freaked out” and that he didn’t “think she expected any of that to happen.”  

Burgoyne asked Hernandez if he took advantage of the victim, and he said he “did not think it was any different than any other time they had been at parties and fooling around.” Hernandez then stated, "I don't know now because I don’t remember all of it."

On Friday, the State Attorney's Office filed a motion of pretrial detention on Hernandez.

Assistant State Attorney Pamela Brockway certified that “the factual circumstances of the crime indicate a disregard for the safety of the community, and there are no conditions of release reasonably sufficient to protect the community from the risk of physical harm to persons.”

Judge James Colaw denied the motion yesterday, and Hernandez was released after posting a $50,000 bond. Hernandez's case has no hearing notes, indicating Colaw denied the motion without a hearing.

Colaw initially signed an amended order of the pretrial detention denial, which would've required Hernandez to wear an ankle monitor, but he later vacated the order, stating it was "filed in error."