A Florence man, if convicted, could be sentenced to up to 20 years in jail after police said they found him having sex with a 14-year-old girl in his car in the parking lot at Diamond Run Mall after hours in April.
Trevor Brutkowski is 20, but he was 19 at the time of alleged incident.
Brutkowski, of Florence, pleaded not guilty on Monday in Rutland criminal court to a felony count of sexual assault on a person younger than 16.
Brutkowski was released without bail but ordered not to have contact with the girl he is accused of assaulting or any girl younger than 16.
In an affidavit, Trooper Matthew Hood, of the Vermont State Police, said he was on patrol on April 13, around 12:40 a.m. when he saw a red sedan parked outside the Diamond Run Mall. Hood noted there are multiple signs around the entrances to the mall and in the parking lot that say no overnight parking is allowed.
Hood said he saw two people in the car, and they appeared to be having sexual contact. He said he gave them time to put their clothes on before approaching the car.
Hood said Brutkowski told him that he was 19, and the girl told him she was 14.
In a separate affidavit, Trooper Steven Gelder said he and Christopher Murphy, an investigator for the Vermont Department for Children and Families, interviewed the girl April 30 at Rutland County Child First Advocacy Center.
The girl said she attended a Rutland County High School.
According to the girl, she and Brutkowski had known each other for at least two years, and he knew her age and that she was in eighth grade. On April 12, she wanted to see the movie, “Captain Marvel” at the movie theater in Rutland. She asked Brutkowski if he could drive her there and then home.
Gelder said the girl told them that Brutkowski took her to the mall parking lot instead of her home, and they had a sexual encounter. She said it was during that encounter that she saw the police cruiser with its lights activated.
On April 13, Brutkowski spoke with Hood in his cruiser, according to Hood’s affidavit. He said he had only gone to the mall lot to change his clothes because he spilled chewing tobacco on his pants.
Hood said he looked at the pants later.
“I observed no such spit from chewing tobacco on any of his clothing,” Hood wrote in the affidavit.
Brutkowski told Hood he didn’t want to have sex with the girl and “tried to push her away but did anyway.”
Hood said the girl’s mother came to the scene to take her home. Hood said the girl told her mother “the sex was consensual.” She denied the need for any medical attention.
Gelder said he and Murphy interviewed Brutkowski at the Rutland barracks of the Vermont State Police on May 6.
Gelder said Brutkowski told them he knew the girl from school and though his girlfriend. He said he was aware she “was a kid and too young.”
According to Brutkowski, the girl removed her own clothing and his and jumped on top of his lap.
“He said he tried pushing her off and he said no, stop, ‘What are you doing,’” the affidavit said.
Brutkowski said he told the investigators he had no intention of having sexual contact with the girl.
Brutkowski’s next court date is Nov. 18.