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SATELLITE BEACH, Fla. — The Office of the State Attorney for Florida’s 18th Judicial Circuit has decided to not file criminal charges at this time against Jacob Daniel Ross, the Brevard County man arrested on allegations that included sexual battery of a child and related offenses, according to a Feb. 17 letter from the State Attorney’s Office.

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The decision comes after several people identifying themselves as Ross’ friends and family contacted The Space Coast Rocket demanding that we remove our earlier reporting about his arrest, arguing that “the state dropped the charges” and treating that outcome as proof of innocence. The newly released arrest-warrant affidavit, which was not publicly published when the arrest first became known, provides additional detail about the allegations investigators documented and the evidence they said they obtained during the investigation. The victim is a family member of the suspect who resided with him and other family members during that time.

What the State Attorney’s letter says, and what it does not say

In the “no file” decision letter, Assistant State Attorney Andrew Choisser wrote that even if there was sufficient evidence for probable cause for an arrest, the State would not have a “reasonable likelihood of success at trial” because prosecutors did not have enough corroboration to prove the case beyond a reasonable doubt. The letter cites the absence of DNA or other forensic evidence, and says there were no eyewitnesses who could sufficiently corroborate the child victim’s account, while noting the defendant denied the allegations. The matter was also reported to the Department of Children and Families for investigation and intervention, the letter states.

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A “no file” decision is not the same thing as a jury verdict. It means the State is declining to move forward at this time based on the evidence prosecutors say they can present in court, not that the allegations were proven false.

What investigators alleged in the arrest affidavit

According to the Brevard County Sheriff’s Office arrest-warrant affidavit, the investigation began after a teen reported sexual abuse allegations involving a family member in the same household. The affidavit describes allegations that the reported physical sexual abuse began when the child was 9 and continued into the teen years.

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The affidavit also documents what investigators described as corroborating circumstances discovered during the inquiry, including:

• A surreptitious recording that investigators described as a video capturing a conversation in which Ross offered the victim $1,000 for sexual conduct with the teen.
• A video voyeurism allegation in which the teen reported seeing a “camera” style application on Ross’ phone and an image consistent with a live or frozen video feed from inside the home, and later described believing a device had been placed in a bathroom cabinet area facing the bathtub. She also reported seeing photos of herself asleep in her underwear on the suspects SnapChat when he allowed her to use his phone.

Below are the excerpts of the recording as referenced in the arrest affidavit.

The affidavit sought an arrest warrant alleging Ross violated Florida laws including section 794.011 (sexual battery), section 800.04 (lewd or lascivious offenses), and section 810.145 (video voyeurism).

Why we are updating this story

We are publishing this update for transparency and accuracy. Our earlier post reported the fact of an arrest. This update reports the State Attorney’s decision not to file charges at this time, and it provides the additional context now available in the arrest affidavit.

Ross has not been convicted of these allegations. At the same time, a prosecutorial decision not to file is not the same as a finding that nothing happened. The State Attorney’s letter explains the decision as a trial-proof problem, not as a determination that the underlying allegations were false.

To protect the victim’s identity, The Space Coast Rocket is not publishing the publicly available arrest affidavit, as it contains information the would easily identify the victim to those familiar with the family.

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