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(FOX40.COM) — Judge Tom Dyer sentenced 19-year-old Luis R. to 18 months of GPS monitoring and wardship probation on Tuesday after committing multiple sexual assaults on an 8-year-old victim.
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The trial took place in a juvenile court, but due to the nature of the charges, the proceedings are not confidential, according to the Yolo County District Attorney’s Office.
Luis R. had been found to commit forcible child molestation, forcible digital penetration on a child and forcible sodomy on a child on July 24 by Judge Dyer.
The District Attorney’s Office argued that Luis R. be sent to a secure track facility that provides treatment in a custodial setting at the sentencing. It also asked for a minimum of six years in custody at the juvenile hall.
The Yolo County Probation Department recommended GPS over confinement, stating that while the law permits the court to consider public safety and protection, it must balance against the care, treatment and guidance to Luis R., citing his employment, obtaining a GED and socializing with age-appropriate adults.
The probation department recommended a supervision plan which included no additional in-custody time and standard juvenile sex offender terms of probation, the district office said. It also outlined that the incident occurred four years prior and that there was no evidence of further conduct targeting minor children after Luis was confronted by law enforcement.
Welfare and Institutions Code 202 emphasized family reunification and that the court must consider the minor’s welfare and public safety before removing someone from the home, according to the District Attorney’s office.
Facts presented at the trial showed that the then 15-year-old groomed an eight-year-old child and committed forcible, violent sex acts against the child. Evidence was also presented that he groomed and molested two additional family members under the age of 10, said the DA’s office. Luis R. testified that nothing happened.
According to the District Attorney’s Office, Judge Dyer stated that the law required the focus be on the rehabilitation of the minor. He also found that, due to the law, secure track was not an option because it does not have any programming that could rehabilitate Luis R.
He served only 13 days in custody, prior to his trial and because there are no new reported sex-based crimes alleged against him, GPS monitoring was proposed by Probation and adopted by the court.
“This is an example of the law placing the criminal offender first, even after committing a violent sexual assault, and the victims of the crimes last,” said District Attorney Jeff Reisig. “The Legislature should put victims of crime first and provide fixes to these issues.”
The victim was left out of any recommendation or consideration by the Yolo County Probation Department or the law despite being guaranteed protections in the California State Constitution, said the DA’s Office explained.
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Julian Tack
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