November 4 filing cites insufficient evidence to prove criminal intent beyond a reasonable doubt following August arrest connected to an ethics complaint.
KISSIMMEE, Fla. — The State Attorney’s Office for Florida’s Ninth Judicial Circuit has declined to file a perjury charge against Kissimmee political consultant Jeremy Lee Fetzer, who was arrested in August following an investigation into statements made in a sworn ethics complaint against Kissimmee City Commissioner Janette Martinez.
According to an official No Information Notice dated November 4, 2026, prosecutors determined that the evidence received was insufficient to establish the criminal intent required to pursue the misdemeanor charge.
The document states that the decision was based on:
“Evidence Received is Insufficient to Prove Mens Rea or Intent Beyond a Reasonable Doubt.”
The notice was signed by Assistant State Attorney Justin Wayne Collins on behalf of Ninth Judicial Circuit State Attorney Monique H. Worrell.
Background of the August arrest
Fetzer was arrested on August 21, 2026, on a misdemeanor allegation of perjury when not in an official proceeding.
The arrest followed a Kissimmee Police Department investigation into statements Fetzer made in an ethics complaint involving Commissioner Martinez and a city permitting matter.
The arrest and investigation were previously reported by WESH 2 News, WFTV Channel 9, and Spectrum News 13.
The ethics complaint against Martinez had previously been reviewed by Special Prosecutor Mayanne Downs, who concluded in June that the complaint was factually and legally deficient and that there was no probable cause to pursue enforcement proceedings against Martinez, according to WFTV’s reporting.
The subsequent criminal investigation into Fetzer’s statements resulted in his August arrest.
Prosecutors cite insufficient evidence of criminal intent
The November 4 filing establishes that prosecutors will not proceed with the perjury charge based on the evidence received.
The decision centers on mens rea, a legal term referring to the mental state or intent required to establish criminal responsibility.
The State Attorney’s Office concluded that the evidence was insufficient to prove the required intent beyond a reasonable doubt.
The notice also provides for the release of any bond posted in connection with the charge and states that Fetzer should be released if in custody, provided no other charges or holds exist.
The filing represents a decision not to prosecute the allegation, rather than a verdict following a criminal trial.
Fetzer responds to State Attorney’s decision
In a statement provided to Positively Osceola on Wednesday, Fetzer welcomed the State Attorney’s decision and reflected on the personal impact of his arrest.
“From the very beginning, I have maintained my innocence. I knew the truth, I stood firm in my convictions, and I placed my faith in God that the truth would ultimately prevail,” Fetzer said.
He also expressed concern about the lasting effects of being arrested and publicly accused of a crime.
“An arrest can happen in a moment, but the damage to someone’s reputation, family, and livelihood can last far longer,” Fetzer said.
Fetzer thanked his family, friends, supporters, and the State Attorney’s Office, while reaffirming his commitment to community involvement and government accountability.
His comments reflect his personal response to the decision. The State Attorney’s formal findings are contained in the November 4 No Information Notice.
Case concludes without criminal prosecution
The filing identifies the matter as Osceola County Court Case No. 49-2026-MM-002033, originating from a Kissimmee Police Department investigation associated with Fetzer’s August 21 arrest.
With the November 4 notice, the State Attorney’s Office has formally declined to pursue the misdemeanor perjury charge based on the evidence received.
The decision concludes the prosecution of this allegation without a criminal trial or determination of guilt.
