BOERNE – A Comfort resident accused more than a year ago of repeatedly sexually assaulting a 12-year-old girl accepted a plea deal last week sentencing him to eight years in prison.
While Jorge Garcia-Garcia faced up to 99 years behind bars on four, first-degree felony charges, Kendall County prosecutors said they entered an agreement with the now-registered sex offender to serve justice without further traumatizing the victim.
“These cases are always a huge challenge,” Assistant Criminal District Attorney Gretchen Flader said. “And thinking of putting a victim through having to testify about sexual abuse – having to face their abuser – and the possibility that a jury finds (the defendant) not guilty are all really terrifying. So, we try to make sure we get as much time as we can without risking a not guilty (verdict).”
In April 2022, the 12-yearold girl told an elementary school counselor a man sexually assaulted her at her home on several occasions.
Garcia-Garcia subsequently was indicted on three charges of aggravated sexual assault of a child and a charge of continuous sexual assault of a child under the age of 14.
As part of the plea agreement, three of the charges were consolidated, leading to punishment on a single charge of aggravated sexual assault of a child under 14. However, Garcia-Garcia was required to plead guilty to all four counts.
Flader said she took into consideration several factors when offering an eight-year deal: immigration status, registering as a sex offender and a lifetime protective order.
Garcia-Garcia is not a United States citizen, meaning he will be deported upon his release from state prison.
“When you get out, should you still be in the United States or the great state of Texas, you will be required for the remainder of your life to register as a sex offender,” 451st state District Judge Kirsten Cohoon said after accepting Garcia-Garcia’s plea. “Your failure to register, Mr. Garcia, will land you right back in this court or some like court with another felony offense.”
Another consideration in the state’s offer: A lifetime protective order was filed on behalf of the victim, prohibiting Garcia-Garcia from ever contacting her or her family under threat of a new felony conviction.
“It’s always our goal to ensure that justice is served for victims in cases like this,” Flader said.
Due to the classification of the crime, Garcia-Garcia will be required to serve at least half of his eight-year punishment before being eligible for parole consideration. However, both the victim and the prosecutors can voice concerns to the parole board when the time comes.
“We will protest his parole to get him to serve the full sentence,” Flader said.
The victim’s family will also be able to write to the parole board.
The judge had these parting words for the defendant during the sentencing.
“Your counsel and the state have worked hard, and the state is satisfied with this agreement. As is your counsel,” Cohoon said.
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