Jonathan Portillo to Plead Guilty on Four Counts of Indecency with a Child Charges
In the courts today, one San Angelo man accused of indecency with a child under 17 and his lawyer were a no show.
Jonathan Portillo, 23, facing four counts of indecency with a child, a second degree felony, and his defense attorney Stephen Spurgin, missed the 2 p.m. Motion for Continuance Hearing scheduled at the Tom Green County Courthouse in the 51st District Court. This was the second Motion of Continuance filed by Spurgin on May 6.
In a courtroom with considerable attendance and other inmates present, District Attorney Jason Ferguson, who objected the current motion, attempted to contact Spurgin's offices in Marfa and El Paso to discuss the case. After contacting the El Paso office, Spurgin’s secretary informed Ferguson that her boss did not get any notifications about the case, for the Marfa address was “incorrect.” The secretary also told Ferguson, who relayed the information to Judge Barbara Walther, that Spurgin “desperately needed the motion” to be granted.
Spurgin filed for the second motion because he has a jury trial at the U.S. District Court in Midland on the same day as the last pre-trial hearing scheduled for July 5. These documents state that the case "involves approximately 30 defendants" and was considered "complex," thus the reason Spurgin considers the length of the trial "unknown." Also according to documents, another justification for the continuance is it's necessary "for the defendant to have a full and fair opportunity to present his case at the proceedings so justice may be done."
Additionally, on April 5, Spurgin filed a Certificate of Vacation, notifying the court that he would be on vacation during the month of June. On the same day, the attorney also filed a Motion to Suppress, which states that Portillo was "substantially deprived of his constitutional liberties by the conduct of law enforcement officers with the Alpine, Texas Police Department on or about Sept. 15, 2015. On April 12, 2016, in a Status Report, Spurgin also certified he was not ready for trial.
After hearing Ferguson’s updates, Judge Walther said she will set a new date for the hearing, and she will also notify the parties about the new date. Portillo is set to face trial on July 18.
On April 3, 2015, Portillo inappropriately touched a teenage girl’s parts and was indicted by the grand jury with four counts of indecency on July 9, 2015 (click here for story).
If convicted, Portillo may face between two and 20 years of confinement in a TDCJ penitentiary and a fine of up to $10,000.
Update June 1, 2016 @ 3 p.m.:
Today, Spurgin made an appearance in court. Both he and District Attorney Jason Ferguson agreed to a plea hearing scheduled for July 18. Portillo will plead guilty on all counts of indecency with a child charges.