Jury Sentences Convicted College Rapist to Probation

SAN ANGELO, TX -- The Tom Green County jury that found Alex Cabello guilty of sexual assault took three hours Wednesday to reach a unanimous punishment for the former Angelo State University student.  

Cabello was convicted of second degree felony sexual assault which carries a punishment range of 2 to 20 years in prison and a fine of up to $10,000.  Because he had not been convicted of a felony previously, the 20-year-old was eligible for community supervision probation. The jury, which was sharply divided Tuesday before reaching the guilty verdict, heard from the victim again Wednesday as prosecutors presented evidence in the punishment phase of the trial.  

In the guilt or innocence phase of the trial the five woman and seven man jury was stuck at eleven guilty votes and one juror who thought Cabello was innocent.  They sent a letter to the judge to that effect. The judge responded telling the jury to keep deliberating. Cabello was facing two counts of sexual assault.  The jury’s compromise was for the eleven guilty votes to swing to not guilty on the second count while the one not guilty vote on the first count changed to guilty.  The result was they found Cabello guilty of count one and not guilty of count two.

The victim told jurors she had flashbacks of the ‘rough and ugly’ rape as described by prosecutors.  The victim said she was a straight ‘A’ student and involved in FFA agriculture projects before the sexual assault.  After the rape, the victim lost interest and eventually dropped out of school. The victim said, “I would like to see him serve some time.  I want him to feel like I felt.” The state rested its case in the punishment phase after presenting the victim as its only witness.

Defense attorney Kimbel Ward of San Antonio put five of Cabello’s family members on the stand as character witnesses.  Everyone of them asked the jury to sentence Cabello to probation for the sexual assault. Each one also testified that he is a hard worker and he started going to church.  

Cabello’s girlfriend testified on his behalf.  Under cross examination by Assistant District Attorney Meagan White, the girlfriend said, “He told me they slept together, but he didn’t tell me how.”  She said, “I will always stand by him no matter what.”

Closing arguments began shortly after 11:30 a.m.  Assistant District Attorney Dana Nolen told jurors Cabello committed a ‘rough and ugly’ rape and that’s how he made the victim feel; ‘rough and ugly.’  Nolen told the jury that they needed to send a message that rape is not ok at Angelo State University and it’s not ok in Tom Green County.

Then defense attorney Ward presented her closing argument.  She said that Cabello made a bad decision and that probation was punishment because probation is hard.  

Assistant District Attorney Meagan White closed out the state’s case.  She told jurors that rape wasn’t just a bad decision. It was a his choice.  Cabello held the victim down and sexually assaulted her. White said Cabello picked a victim he thought wouldn’t tell because she wouldn’t want her boyfriend to know.  

White told jurors they can’t restore the victim, but people pay attention to what happens in a courtroom.  She then asked the jurors, “What is a young girl’s innocence worth in Tom Green County?”

The jurors took three hours to come up with their answer:  Probation.

The prosecuting attorneys did their job well.  The judge did his job well.  

The jury's sentence was ten years in prison probated for ten years. Cabello lives in San Antonio and has petitioned for his probation to be transferred to Bexar County.  That petition will likely be granted. He will have to register as a sex offender for the rest of his life and attend sex offender treatment classes. He was also ordered to have no contact with the victim and to pay various court costs and fees.  

If Cabello violates any of the conditions of his probation within the next ten years, his probation could be revoked by the court and he would have to serve the ten years in prison.   

But for now, the convicted felony sex offender is a free man and will remain so unless and until he violates the conditions of his jury-imposed probation for rape.