By Kevin Deutsch
A Coral Springs Police Officer facing a battery charge for allegedly touching a woman against her will has been accepted into a misdemeanor diversion program, which would allow him to avoid a criminal conviction, court records show.
Kevin Tyler Reik, 34, who was charged with one count of battery and pleaded not guilty, was accepted into the program as of Aug. 27. He is expected to complete it by Aug. 26, 2022, according to an acceptance memorandum from the Broward County Sheriff’s Office Probation Division, filed in court on Sept. 13.
According to the Broward State Attorney’s Office, the Misdemeanor Diversion Program “affords first-time offenders an opportunity to immediately accept responsibility for their actions, seek rehabilitation, and divert their cases from the criminal court system.”
Reik’s arrest stemmed from an incident prosecutors alleged happened while he was off-duty on July 2, 2020, when he and his wife joined the battery victim and her boyfriend for a dinner reservation at Tap 42, 3111 N. University Dr., police said. The four were drinking alcohol before, during, and after their outing, including at Reik’s Coral Springs home following dinner, according to an arrest affidavit filed by Coral Springs Police.
The two couples changed into bathing suits and went swimming in Reik’s hot tub, where he allegedly “walked over to the victim, got on top of her, and grabbed her waist/hips,” wrote Coral Springs Police Detective Michelle Gianino of the Special Victims Unit.
Reik’s wife “immediately yelled at [Reik] “What are you doing? “You are so drunk,” according to the affidavit. “[Reik] backed off, and nothing more was said by anyone.”
At 1 a.m. the following day, the victim and her boyfriend went to sleep in Reik’s guest bedroom. Police said she had changed into a t-shirt and shorts with no undergarments and slept on her side, facing away from the door.
About an hour later, Reik “went through a secured baby gate that blocked the guestroom entrance and then opened the guest bedroom door,” Gianino wrote.
The noise woke the victim before Reik “spooned” her, pressing the front of his body against the back of her body and grabbing her hips, police said.
According to the affidavit, the victim said she was “sleepy and uncomfortable and did not know what was going on.”
“She moved around in the bed thinking that this would encourage him to leave, but he did not,” wrote Gianino. “Instead, he moved down towards her buttocks. The defendant positioned himself half on the bed half off and pressed his entire face (nose and mouth) inside the area where the victim’s butt cheeks come together.”
The unwanted touching was done “over the victim’s clothing while [Reik] simultaneously held onto her buttock cheeks with both hands,” police said. The victim then moved “over and away from the defendant, and he got up and left the room.”
Reik re-entered the room ten minutes later, police said, again climbing into bed and spooning the victim.
He again put his mouth and nose “inside the area where her butt cheeks come together” while using his hands to “touch and feel her body.”
“[Reik] then repositioned himself to spoon the victim and put his face close enough to her head to whisper in her ear,” wrote Gianino. “The victim believed he was trying to ‘hush’ her so that she would not say anything.”
Reik “attempted to lift her t-shirt and touch her breast area. The victim held her shirt down close to her body so that he could not lift it up. [Reik] did not try to pull her shorts down.”
Concerned Reik’s behavior was “escalating,” the victim shook her boyfriend to awaken him, police said.
When the man “woke up and saw [Reik] in the bed, he asked him, “what are you doing?” then shoved [Reik] causing him to fall off the bed,” wrote Gianino.
Reik got up and left the room, at which point “the door was immediately closed and locked by the victim preventing [Reik] from gaining entry back into the bedroom.”
The victim and her boyfriend left Reik’s home and reported the incident to police, providing investigators with sworn audio and taped statements.
Additional “corroborating evidence” was also obtained, according to the affidavit.
Reik was initially charged by police with three counts of battery, but prosecutors later pursued a single count.
The woman allegedly battered by Reik was not publicly identified.
According to Coral Springs Police, Reik was placed on administrative duty by the police department shortly after the July 2020 incident.
“The Department will conduct a thorough investigation once any criminal proceedings are completed by the State Attorney’s Office,” Coral Springs Police Sgt. Ernesto Bruna said last month.
The next court date in Reik’s case is scheduled for Oct. 4.
The alleged battery was not Reik’s first time facing criminal charges. In 2013, Broward prosecutors charged him with giving a false crime report.
Around 3 a.m. on April 5, 2013, Reik allegedly crashed his four-door Nissan, into a concrete barrier on University Drive in Davie while off-duty, after “a couple of drinks earlier in the evening,” prosecutors wrote in a 2013 court filing. The crash caused significant damage, according to the filing.
“Unaware the single-vehicle crash had been captured by a traffic video camera, [Reik] exercised insufficient creative restraint while reporting the crash to officers of the Davie Police, wherein defendant alleged a white Chevrolet pickup truck had struck his car and subsequently fled the scene,” prosecutors wrote.
“[Reik] went so far as to sign an affidavit expressing his desire that the driver of the pickup be prosecuted. Per [Reik’s] request, a criminal investigation was initiated at the time, but in light of the above-mentioned video, that investigation culminated” in Reik’s prosecution, prosecutors said.
Reik pleaded not guilty. Records show prosecutors later chose not to pursue the misdemeanor case. They refiled official misconduct charges and gave a false crime report against Reik in 2014, leading to a jury trial at which Reik was acquitted.
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