ORLANDO, Fla. – An Orlando police detective resigned Friday before department Internal Affairs completed their investigation into whether he violated police protocol while on duty.
Angel Burgos is accused of sexually battering a woman on Dec. 15. The woman was a victim in a case Burgos was assigned to, according to Florida Department of Law Enforcement records.
In a letter to Orlando Police Chief John Mina, Burgos writes that he chose to resign "because of the false allegation" made against him.
"The stress has been so great that I do not feel that I can be an effective officer for the Orlando Police Department," Burgos writes."This decision is a personal decision and in no way should be construed as pressure from anyone within the police department."
Mina signed and approved Burgos' resignation Monday, records show.
"Employee resigned pending an internal investigation and discipline," Orlando police documents show.
The victim, who spoke exclusively with News 6, said Burgos forced her to perform oral sex on him in his Orlando police unmarked car.
The woman said she was shocked by the wording in his letter.
"He has never tried to defend himself," she said. "If you're an innocent person, you would defend yourself."
Burgos resigned Friday, before he could be interviewed by Internal Affairs, the victim's lawyer William Ruffier told News 6.
"All of his actions have been the actions of a man who is not innocent," the victim said. "I have been interrogated, and interviewed for hours by OPD, Florida Department of Law Enforcement, the state attorneys office, and he couldn't even sit down for a 30-minute interview with his colleagues."
Burgos was on paid administrative leave since Dec. 20 when the complaint was made against him, according to Orlando police.
After an FDLE investigation, the state attorney’s office announced last month that they would not press charges against the veteran detective.
“I believe there is sufficient evidence to prove beyond a reasonable doubt that sexual activity took place,” the state attorney’s letter to Orlando police Chief John Mina reads. “However, I cannot prove beyond a reasonable doubt that the activity was coerced or forced.”
Burgos declined through a lawyer to provide a statement about the incident, according to FDLE records.
An Orlando police internal investigation is ongoing to determine if Burgos violated protocol while on duty, Orlando police Sgt. Wanda Miglio said.
“We will send the results to (the) Criminal Justice Standards and Training Commission regarding status of his police certification,” Miglio said in an email to News 6.
The Criminal Justice Standards and Training Commission is a separate body from FDLE, but FDLE provides support staff.
If the Internal Affairs investigation finds that Burgos violated moral character, whether he is criminally prosecuted of not, then CJSTC is notified.
The list of moral character violations include battery, assault, sex on duty, sexual harassment and exposure of sexual organs, according to FDLE documents.
CJSTC can review the case for possible discipline Even if the officer’s certification is not revoked, there is still a flag on their record. Another hiring agency would have to contact CJSTC for details on the flag.
Burgos had been employed with the OPD since 1999.
The victim told News 6 that Burgos did something she won't do with her case.
"He quit," she said. "And I won't quit. And I won't give up. But that's what he chose to do."