Nolo Contendere Plea and Conviction in Recurrent Trespassing Case with Aggravating Circumstances
Key West, FL – The Monroe County State Attorney’s Office announces the conviction of Herbert Polk Jr., a registered sexual offender, following his plea of nolo contendere (no contest) to a charge of trespassing. This incident, which occurred on February 21, 2024, at a private residence on Steven Avenue in Key West, is part of a series of repeated trespassing offenses by Mr. Polk at this location.

Key West Police Department officers were called to the scene after homeowners discovered Mr. Polk setting up camp in their garage. The homeowners, who have young children, were particularly concerned given Mr. Polk’s history as a sexual offender and his previous encounters on their property. Upon discovery, they immediately contacted law enforcement, but Mr. Polk had fled by the time officers arrived.

Despite repeated warnings not to enter the premises, Mr. Polk has continued to intrude onto the property, showing a disregard for these legal directives. Significant evidence, including personal items left at the scene, facilitated the swift identification of Mr. Polk. He was subsequently apprehended and charged with trespassing in an occupied structure. His plea of no contest led to his conviction.

Judge Albert Kelly sentenced Mr. Polk to 364 days in the county jail, the maximum sentence allowable under the law for this offense. Additionally, Mr. Polk has been ordered to pay court costs and a fine, further emphasizing the consequences of his actions.

Dennis Ward, Monroe County State Attorney, commented on the case: “This conviction underscores our commitment to holding offenders accountable and ensuring the safety of our community. I would like to extend my gratitude to my Senior Misdemeanor Prosecutor, Assistant State Attorney Paul Vargo, and the Key West Police Department for their exceptional work in this case. Together, we continue to focus on protecting our residents, especially our most vulnerable—the children. My office remains dedicated to enforcing the law and ensuring the safety of our community, particularly where the well-being of children is concerned. I appreciate the continued vigilance of the homeowners and the prompt response of the Key West Police Department in addressing this matter.”

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