IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT 
ORANGE COUNTY, FLORIDA

SPRING TERM, 1994

THE STATE OF FLORIDA

vs.

THOMAS LEE GUDINAS
w/m  DOB: 2/27/74

INDICTMENT

COUNT I    ATTEMPTED BURGLARY WITH AN ASSAULT
COUNT II   ATTEMPTED SEXUAL BATTERY
COUNT III  SEXUAL BATTERY
COUNT IV  SEXUAL BATTERY
COUNT V   MURDER IN THE FIRST DEGREE

NO:  CR94-7132

IN THE NAME AND BY THE AUTHORITY OF THE STATE OF FLORIDA:

The Grand Jurors of the County of Orange, duly called, impaneled and sworn to inquire and true presentment make in and for the body of the County of Orange, upon their oaths do present that Thomas Lee Gudinas did, on the 24th day of May, 1994, in Orange County, Florida in violation of Florida Statutes 810.02 (2) and 777.04 (1), attempt to enter a conveyance with the intent to commit an offense therein, to-wit, sexual battery, at a time when the conveyance was not open to the public, nor was Thomas Lee Gudinas licensed or invited to enter or remain.  In the course of committing the burglary, Thomas Lee Gudinas did commit an assault upon Rachelle Smith.  In furtherance of his attempt he did wrap his fist in a cloth and strike the window of said conveyance and yelled "I want to fuck you".

COUNT II

	The Grand Jurors of the County of Orange, duly called, impaneled and sworn to inquire and true presentment make in and for the body of the county of Orange, upon their oaths do present that Thomas Lee Gudinas did, on the 24th day of May, 1994, in Orange County, Florida in violation of Florida Statutes 794.011(3) and 777.04(1), attempt to commit sexual battery upon Rachelle Smith, a person 12 years of age or older without her consent and likely to cause death or serious personal injury.  In furtherance of his attempt he did wrap his fist in a cloth and strike the window conveyance occupied by Rachelle Smith and yelled "I want to fuck you".
COUNT III

The Grand Jurors of the County of Orange, duly called, impaneled and sworn to inquire and true presentment make in and for the County of Orange, upon their oaths do present that Thomas Lee Gudinas did, on the 24th day of May, 1994, in Orange County, Florida in violation of Florida Statute 794.011(3) commit sexual battery upon Michelle McGrath, a person 12 years of age or older without her consent, by penetrating  the anus of Michelle McGrath with his sexual organ or some other object, and in the process thereof used actual physical force likely to cause death or serious personal injury.

COUNT IV

The Grand Jurors of the County of Orange, duly called, impaneled and sworn to inquire and true presentment make in and for the County of Orange, upon their oaths do present that Thomas Lee Gudinas did, on the 24th day of May, 1994, in Orange County, Florida in violation of Florida Statute 794.011(3) commit a sexual battery upon Michelle McGrath, a person 12 years of age or older without her consent, by penetrating her vagina with his sexual organ or some other object, and in the process thereof used actual physical force likely to cause death or serious personal injury.

COUNT V

The Grand Jurors of the County of Orange, duly called, impaneled and sworn to inquire and true presentment make in and for the County of Orange, upon their oaths do present that Thomas Lee Gudinas did, on the 24th day of May, 1994, in Orange County, Florida in violation of Florida Statute 782.04 from a premeditated design to effect the death of Michelle McGrath murder Michelle McGrath in the County and State aforesaid, by the application of blunt force.

A TRUE BILL

/s/
Foreman of the Grand Jury

As authorized and required by law, I have advised the Grand Jury returning  this indictment.
/s/
LAWSON LAMAR, STATE ATTORNEY
Ninth Judicial Circuit of Florida

Filed and presented in Open Court, in the presence of the Grand Jury this 15th day of July, 1994.

FRAN CARLTON
Clerk of the Circuit Court

By: /s/
Deputy Clerk

This indictment encompasses the transaction and all charges listed on Complaint Number CR94-7132 and the bond thereon is hereby superseded.  The Orange County Sheriff's Office shall substitute the charge(s) and bond indicated on this indictment for those on the above-cited complaint.