Bond revoked in child rape case
WOODSTOCK — Circuit Judge Dennis L. Hupp revoked the bond of a Winchester man charged with multiple child rape offenses after hearing the prosecution’s appeal that the defendant be held without bond.
Rosendo Gonzalez-Garcia, 41, is accused of forcing a young girl to perform sex acts on him between 2007 and 2011 when she was between 5 and 9 years old, the criminal complaint against him states. Gonzalez-Garcia was charged with two counts of forcible sodomy and one count of aggravated sexual battery involving a victim under 13 years of age.
He was granted a $20,000 secured bond in Shenandoah County Juvenile and Domestic Relations District Court, and Deputy Commonwealth’s Attorney Louis Campola appealed that decision to the circuit court, asking that Gonzalez-Garcia be held without bond.
Campola argued that Gonzalez-Garcia had been using an alias with a fake name and social security card that he purchased so he could work in this country, information the victim provided to the police. As a result, Campola argued, Gonzalez-Garcia is a significant flight risk as well as a danger to the community. Campola also noted that a detainer from U.S. Immigration and Customs Enforcement (ICE) was placed on Gonzalez-Garcia once he was charged. If he were released on bond then the federal government would detain him and the commonwealth would never be able to prosecute him, Campola.
Allison Neal, Gonzalez-Garcia’s attorney in this case, argued that her client has lived in Winchester for the last two years and has lived in the area for even longer. She also argued that he has no criminal history, and because his preliminary hearing is not scheduled until January, Gonzalez-Garcia should not have to be held in jail for that much time.
Hupp ruled that the presumption against bond because of the severity of the charges had not been overcome. Gonzalez-Garcia, being an undocumented immigrant, living in the country was sufficient reason to revoke the bond, he said.
A preliminary hearing has been set for Jan. 4 in Shenandoah County Juvenile and Domestic Relations District Court. Gonzalez-Garcia remains in custody at Rappahannock-Shenandoah-Warren Regional Jail as he awaits his next day in court.