Shane Eugene Leonard

The State Attorney’s Office recently decided not to file charges against a woman and a Cape Coral man accused of participating in a sex act in a truck.

Shane Eugene Leonard, 41, of 1214 N.E. Third Ave., and Lisa Marie McMillin, 24, of 1225 Laurel Lane, North Fort Myers, were each arrested and charged June 8 with one felony count of lewd lascivious behavior victim less than 16.

On July 14, the state decided not to file charges based on “insufficient evidence to prove beyond a reasonable doubt,” according to court records.

Assistant State Attorney Carrie Pollock handled both cases.

Defense attorney Michael Raheb represented Leonard.

Lisa Marie McMillin

“It was the correct reaction,” he said Wednesday of the state’s decision. “It was just an overblown incident, that’s why the state did what they did.”

Kristen Flynn, with the Public Defender’s Office, represented McMillin.

She declined to comment on the case Wednesday.

A woman contacted authorities and stated that her daughter and some children were playing outside when they reportedly witnessed Leonard and McMillin in a truck that was parked outside of a North Fort Myers home.

The children reportedly stated that the two were “doing the nasty.”

McMillin denied the allegations following her arrest, stating that she was waiting in her friend’s truck to get into her home. She said she did not have her house keys – her fiance did – and she was waiting for him to show.

McMillin also adamantly denied the allegation when questioned by police.