Settlement Reached in Florida Suit Over Explicit Photos

A civil suit brought by the family of a 16-year-old girl against a former firefighter and the City of Marco Island has been settled just before the case was scheduled to go to trial. Nicholas Macchiarolo was a firefighter with the Marco Island Fire Department in 2018 when he shared explicit photos with the girl via Facebook Messenger and Snapchat.

When her parents found out, they reported Macchiarolo to the police. Macciarolo, 27 at the time, claimed he thought she was 21. However, he admitted that they messaged each other, and some were sexual in nature.

In exchange for a no-contest plea to a third-degree felony charge, he was sentenced to three-years of probation and paid fines and fees of nearly $3,000. Two remaining charges were dropped, and he agreed to undergo a psychosexual evaluation. Macchiarolo was subsequently terminated from the fire department.

The family proceeded to sue Marco Island and Macchiarolo for what the Naples Daily News said was “negligence.” The case was scheduled to go to trial in August. The settlement calls for the city and Macchiarolo to each pay the family $25,000. More on the story.

About Curt Varone

Curt Varone has over 45 years of fire service experience and 35 as a practicing attorney licensed in both Rhode Island and Maine. His background includes 29 years as a career firefighter in Providence (retiring as a Deputy Assistant Chief), as well as volunteer and paid on call experience. He is the author of two books: Legal Considerations for Fire and Emergency Services, (2006, 2nd ed. 2011, 3rd ed. 2014, 4th ed. 2022) and Fire Officer's Legal Handbook (2007), and is a contributing editor for Firehouse Magazine writing the Fire Law column.

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