Orange County prosecutor resigns amid internal investigation

State Attorney Aramis Ayala files motion seeking restitution for victim

ORLANDO, Fla. – The Office of the State Attorney for Orange and Osceola counties confirms one of its prosecutors resigned amid an internal investigation.

The investigation was prompted by a story on News 6, where the a man who says he was shot at on Interstate 4 by a former Stetson University basketball player claimed he was left out of a plea deal with the shooter.

"The state attorney -- the assistant state attorney -- promised me that she was going to take it to trial," Damon Herota said in March. "(And) that she had my back. She did nothing."

Questions from News 6 prompted State Attorney Aramis Ayala to begin an internal investigation.

Last week, her office confirmed the assistant state attorney who handled the case resigned before the investigation began.

"We do acknowledge there was miscommunication between the victim and the assigned assistant state attorney," Ayala wrote to News 6.

According to court documents, restitution was not part of the plea deal that was agreed to.

"Any resolution of this case that failed to include restitution to the victim would be inappropriate," Ayala wrote. "That issue has now been corrected."

Ayala's office submitted a motion to the court asking for a new hearing to correct the shooter's sentence, adding to the agreement that he pay Herota for the damage to his car.

The shooter's attorney told News 6 his client was ready to pay restitution, and they don't have a problem with the proposal.

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