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Fellsmere man arrested for burglary, sex crime

FELLSMERE — A Fellsmere man has been arrested after authorities say he broke into an unoccupied residence and said he had sex with an underage girl, according to the Fellsmere Police Department.

Jorge Magallon, 19, faces charges of burglary of an unoccupied structure, and lewd and lascivious battery, according to police.

While Fellsmere Police was on patrol near the intersection of South Willow Street and 89th Avenue around 2 p.m. Monday, a Hispanic male was seen walking across a yard in the 200 block of Willow Street, according to police.

Officer Jeff Gibbs said in the report he had previous knowledge that the residence was a seasonal migrant worker home owned by B&W Growers and that it was currently vacant.

During a check of the perimeter, Ofc. Gibbs found two broken windows and an open sliding glass window and heard movement from inside the residence. When Ofc. Gibbs knocked one the door no one answered.

During the investigation, an unknown Hispanic female made contact with Ofc. Gibbs from inside the residence at the open window. The front of her jean pants were unzipped, and her hair was disheveled. Magallon was also in the residence.

According to B&W Growers, neither Magallon nor the victim were permitted to be inside the residence, according to the report. Graffiti on the walls and burnt marijuana in the kitchen area was also detected during the investigation. Discarded condoms were also found.

Magallon said during the police interview that he did have sex with the victim who was 14 years old, according to police. He also said he had sex with her in the past and that they were in an intimate relationship for around a month.

Magallon is currently being held at the Indian River County Jail on $50,000 bond.

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