Jail time recommended for ex-Marco firefighter accused of violating probation
After a recent shoplifting arrest, the Florida Department of Corrections is recommending jail time for the former Marco Island firefighter who was on probation for sending lewd photos to a teen last year.
Nicholas Macchiarolo was arrested Nov. 22 by a Collier County Sheriff's Office deputy after he was caught trying to exit a Naples Target without paying for some items.
Macchiarolo was sentenced to three years of state probation in late February after he pleaded no contest to the charge of using a two-way communication device to commit a felony. His arrest and previous charges stemmed from allegations of sending pictures of his genitalia to a then-16-year-old girl.
Two other charges — the transmission of an image harmful to a minor and use of a computer to seduce, solicit, lure or entice a child for pornography — were not prosecuted.
New court documents submitted by Corrections probation officer Jay Freshwater recommend 30 days in jail, completion of an anti-theft class within 60 days and that Macchiarolo to be trespassed from all Targets in Collier County.
"Considering the circumstances of his case, he should have had more self-awareness in this behavior and the possible outcomes if he was ever arrested for a new offense or violated his probation," Freshwater wrote.
Freshwater noted Macchiarolo was "fortunate" Target did not prosecute him in the past.
The head of the department store's loss prevention unit told a deputy Macchiarolo was seen shoplifting on three occasions prior to his most recent arrest, according to the booking sheet.
Macchiarolo was previously arrested in May 2018 after the mother of the teenager contacted authorities about Macchiarolo's contact with her daughter.
After initially denying the accusations to detectives, Macchiarolo admitted to doing so but claimed he thought the teen was of legal age. Detectives, however, disputed his defense by noting how long Macchiarolo had known the girl and her family.
Digital evidence from the teen's phone also supported her accusations.
The city of Marco Island terminated Macchiarolo's employment after he entered his plea.
“Marco Island Fire-Rescue Department takes very seriously the conduct of its employees,” Fire-Rescue Chief Mike Murphy said in a news release at the time of the termination. “FF/EMT Macchiarolo has been given written notice of termination effective immediately. The actions and admission of by FF/EMT Macchiarolo are not consistent with the integrity, trustworthiness and decorum expected of a Firefighter of the City of Marco Island.”