At 9:30 a.m. this morning, Yonatan Gerardo Valdespino, 22, pleaded guilty to aggravated sexual assault of a minor. On August 5, 2015, Valdespino was sexually assaulting a girl younger than 14, and has spent the last year incarcerated.
When it was time for Valdespino to make his way into the courtroom, a Tom Green County Sheriff's Office Deputy escorted the defendant, who had chains wrapped around his hands and ankles.
As Valdespino waited for Judge Gossett to enter the courtroom, he was signing documents and the Bailiff took his fingerprints.
Valdespino was accompanied by his lawyer, Gonzalo Rios. While waiting for the judge, Rios and Valdespino engaged in a conversation in Spanish.
As Judge Gossett made his way into the courtroom, everyone rose to their feet, and the hearing began. However, there was a slight delay.
Gossett stated told the Defense, “One thing we [the court] do not have is the paper for the sex offender registry.”
Rios quickly apologized and made his way out of the courtroom to retrieve the documents needed.
Afterwards, Rios re-entered the courtroom and had Valdespino acknowledge and sign the document for him to be placed on the sex offender registry.
As the hearing commenced, Gossett explained to Valdespino, who entered a plea of guilty, the he was giving up his right to a trial by jury.
Gossett explained that with a First Degree Felony charge, a jury trial could result in "a minimum of five years in prison, and a maximum of 99 years.” This could also include a $10,000 fine.
Valdespino acknowledge that he understood he was giving up his right to a jury trial.
Gossett then added, Iit is to my understanding that you are not a U.S. citizen?”
"Yes, sir," Valdespino responded.
Thus, Gossett asked, “You are ready to plead guilty, knowing you may be deported?”
"Yes, sir,” Valdespino said.
Gossett continued, “It is my understanding if you plead guilty, you can be deported and not able to reenter the country.”
Valdespino confirmed his understanding.
Gossett then went through the normal process of ensuring Valdespino's plea of guilt was his own, and after the Defendant's affirmative response, said, “I am going to accept the plea bargain of guilty.”
Based on the State's recommendation, Gossett sentenced Valdespino to 20 years in a penitentiary, and he has to pay $682.11 in restitution.
“Yonatan Gerardo Valdespino, I do hereby find you guilty of aggravated sexual assault of a minor,” said Gossett. This statement sealed Valdespino’s sentence.
Since Valdespino has already spent days in prison since August 5, 2015, Gossett gave him jail credit for the time.
As court came to a close, Valdespino was went back into the custody of the TGCSO Deputy.
According to the original complaint, on Aug. 5, 2015, the victim said she, Valdespino, and three other people went to the Defendant's residence and began drinking alcoholic beverages. Valdespino's mother ended up kicking the group out of the residence, and the victim and Valdespino separated from the other group members. They walked off toward the River Point Apartments, looking for one of the group members.
The victim told officials when she and Valdespino got to a field about half a block north of the apartment complex, Valdespino pulled her hair and "began assaulting her." He struck her in the face with a fist several times, then proceeded to sexually assault her.
Court records note that the victim had grass and thorns in her hair, as well as cuts and bruises on her body consistent with "being in a physical altercation."
However, Valdespino originally told the investigating officer he believed one of the other group members had sex with the victim and he did too, but not outside of his bedroom. Two of the group members, including the one who supposedly had sex with the victim, claimed they did not remember what happened past arriving at Valsdespino's residence after consuming alcohol.
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