A Frederick County man recently convicted of sexually assaulting a girl in Shenandoah County in 2011 and sentenced this week faces deportation to Mexico.
Judge Dennis L. Hupp sentenced Rosendo Gonzalez Garcia in Shenandoah County Circuit Court on Wednesday to 10 years in a state penitentiary for committing one count of aggravated sexual battery against a girl younger than 13 years old. Hupp suspended eight years and four months of the sentence, leaving Gonzalez Garcia with one year and eight months to serve. Hupp ordered the defendant to complete three years of supervised probation.
The judge sentenced Gonzalez Garcia pursuant to a plea agreement reached between the defendant’s attorney and the prosecution.
Gonzalez Garcia, 43, formerly of 121 Brigstock Drive, Winchester, has been held without bond in the Rappahannock-Shenandoah-Warren Regional Jail since his booking in the facility Oct. 16, 2017. Gonzalez Garcia received credit for time served awaiting trial.
Gonzalez Garcia must register with state police as a sex offender and have no contact with the alleged victim or her family, or any unsupervised contact with any underage female.
The jail has a detainer from U.S. Immigration and Customs Enforcement on file for Gonzalez Garcia, according to Lt. Sarah Seal. Detainers are placed on undocumented immigrants arrested on criminal charges for whom ICE possesses probable cause to believe that they are removable from the United States, according to the federal agency’s website.
A grand jury indicted Gonzalez Garcia on March 14, 2018, on one count of aggravated sexual battery of a child under 13 years old and sodomy of a victim under the age of 15. The indictment charged him with committing the crime in 2011.
A conviction of aggravated sexual battery carries a maximum punishment of 20 years in prison and a fine of up to $100,000.
Gonzalez Garcia avoided a jury trial set in November when Assistant Commonwealth’s Attorney Austin Hovermale and the defendant’s lawyer, Gerardo M. Delgado, reached a plea agreement. The agreement called for Gonzalez Garcia to plead guilty under Alford v. North Carolina to the aggravated sexual battery charge. A defendant who pleads guilty under Alford v. North Carolina insists on his innocence but enters the plea because he feels such action is in his best interest, and he does not wish to take the chance the court could find him guilty beyond a reasonable doubt.
The plea agreement called for the commonwealth to ask the court to dismiss Gonzalez Garcia’s remaining two counts of sodomy. Hupp put off accepting the agreement until the court received a pre-sentencing report. The judge explained at the Nov. 26 hearing that state code required the report. He said at the hearing he wouldn’t order Gonzalez Garcia to undergo a sex-offender evaluation because the defendant likely faced deportation given the severity of the charge.
Gonzalez Garcia told Hupp he came to the United States from Mexico, and Hupp told the defendant the conviction most likely would result in his deportation.
Woodstock police arrested Gonzalez Garcia on the three charges on Oct. 13, 2017. A criminal complaint filed by investigator T.J. Pence states in the complaint that the victim reported to police in late July 2017 that Gonzalez Garcia sexually assaulted her at three different residences in Woodstock from 2007 through 2011.