Two men were handed prison sentences on Wednesday after pleading guilty to different crimes against children.
Thomas Miguel Cuellar, 22, and Dakota Flores, 23, both appeared before judges in the Tom Green County Courthouse at 2 p.m. to have their plea bargains finalized.
[[{"fid":"10758","view_mode":"default","type":"media","attributes":{"alt":"Thomas Miguel Cuellar","title":"Thomas Miguel Cuellar","height":"600","width":"480","style":"width: 30%; float: left;","class":"media-element file-default"}}]]Cuellar was facing two counts of sexual assault of a child and two counts of indecency with a child sexual contact, both second-degree felonies, after picking up a runaway in Denton and having sex with her on multiple occasions on the way back to San Angelo.
The victim, a 14-year-old girl, had told her grandfather that she was spending the weekend with a friend in December 2014, a complaint filed with the case states. When her grandfather received a phone call from the school stating that the girl had not shown up the following Monday, he filed a missing person’s report.
During the investigation, Denton Police contacted San Angelo Police concerning their suspicion that the girl may be living with Cuellar locally. The San Angelo Police then stopped by Cuellar’s residence in the 700 block of Antonio St., where they found the girl with him in his bedroom.
Cuellar was arrested on other charges and waived his rights while in custody, admitting that he knew the girl was 14 when he went to pick her up and confessing to having sexual relations from Denton to San Angelo on multiple occasions. Cuellar was 21 at the time of the offense.
On Feb. 2, Cuellar was indicted on the four felony counts. He appeared before 340th Judge Jay Weatherby on Oct. 5 and pled guilty to all four charges, but was called back on Oct. 7 to complete paperwork. He was finally convicted of both sexual assault charges and sentenced to two years in prison for each, both to run concurrently. He was not convicted of the two counts of indecency with a child sexual contact.
“These sorts of cases are the most difficult type to investigate and prosecute, and of course, they are incredibly difficult on the victims and their families,” said Assistant District Attorney Ashley Knight, who prosecuted the case. “When evaluating this particular case, I considered the age of the defendant and the age of the victim, the defendant’s criminal history, and the wishes of the victim and her family. The victim and her family were in agreement with the plea bargain, which resulted in prison time and a lifetime sex offender registration requirement for the defendant. Our office is always committed to seeking justice in all cases and doing our best to ensure the safety of our community and its citizens.”
Just after Cuellar’s plea had been finalized, 23-year-old Dakota Flores was called before 391st Judge Tom Gossett.
[[{"fid":"15618","view_mode":"default","type":"media","attributes":{"alt":"Dakota Flores has been sentenced to five years for online solicitation of a minor. (Photo/TGCJ)","title":"Dakota Flores has been sentenced to five years for online solicitation of a minor. (Photo/TGCJ)","height":"720","width":"576","class":"media-element file-default"}}]]Flores had been charged with online solicitation of a minor following a TxDPS sting last December, during which he attempted to communicate with an agent he believed was a 14-year-old girl.
After pleading guilty to the second-degree felony, Flores was sentenced to five years in prison and will be made to register as a sex offender. Flores was also sentenced to five years in prison for bail jumping; both sentences will run concurrently.
Assistant District Attorney Jason Ferguson prosecuted Flores’ case. Melvin Gray served as defense counsel for both Flores and Cuellar.
A third man, Stephen Marburger, was set to plea his online solicitation of a minor case on Wednesday, but has been rescheduled to next week. Marburger and Flores were both caught as part of a DPS sting last year.
Indictments
At the beginning of September, three men were indicted for allegedly committing crimes against children. Two of those, Clayton Thomas Kitchens and Jonathan Hopper, are both 18 year olds who have been charged with indecency with a child sexual contact after touching a child under the age of 17.
In Kitchens’ case, the victim was a 14-year-old girl he had visited on his 18th birthday. The age of Hopper’s victim is not listed; however, she is also between 14 ad 17 years old. Indecency with a child sexual contact is a second-degree felony punishable by two to 20 years in prison and a fine not to exceed $10,000.
[[{"fid":"15619","view_mode":"default","type":"media","attributes":{"alt":"Stephen Kelly Franks has been indicted for continuous sexual abuse of a child. (Photo/TGCJ)","title":"Stephen Kelly Franks has been indicted for continuous sexual abuse of a child. (Photo/TGCJ)","height":"960","width":"768","class":"media-element file-default"}}]]The third man indicted, 38-year-old Stephen Kelly Franks, has been charged with continual sexual abuse of a child under the age of 14 for abuse alleged to have taken place from Sept. 1, 2008 through May 15, 2013.
According to the complaint filed with Franks’ case, the child was in kindergarten when the alleged abuse began, and the defendant had full access to the victim. The indictment alleges that multiple counts of aggravated sexual abuse of a child and indecency with a child sexual contact were committed over a four-year, eight-month span.
Continual sexual abuse of a child is a first-degree felony punishable by 25-99 years in prison and a fine of up to $10,000.
View the complete indictment list for September 2015 here.
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