SAN ANGELO, TX – This afternoon at the Tom Green County Courthouse, sounds of sniffles filled the air after Judge Barbara Walther accepted a plea of guilty by 28-year-old Oscar Cardinez Perez, Jr. and handed down his sentence of 20 and 10 years in the Texas Department of Criminal Justice. Judge Walther did not say that the sentences will run concurrently.
Perez initially faced four felonies: Aggravated Sexual Assault of a Child under 6 years of age, a first degree felony; Evading Arrest Detention w/Previous Conviction, a State Jail felony; Manufacture Delivery of a Controlled Substance PG 1>=4G<200G, a first degree felony; and Forgery of a Financial Instrument, a third degree felony.
However, by pleading guilty, Perez got a lesser charge of Aggravated Sexual Assault of a Child under 14 years of age, which changed the sentencing range from a minimum of 25 years to 99 or life, to a range of 5 years to 99 or life. Additionally, the evading arrest and forgery charges were 12.45ed into the sexual assault and drug charges. This means, by pleading guilty, Perez will not be convicted of these crimes individually.
The Original Charges
Charge #1
In a previous story, LIVE! explained how Perez, on or about Feb. 1, 2016, “intentionally and knowingly” sexually assaulted a child younger than six.
On Feb. 23, the victim made an outcry to a CPS investigator. The investigator then contacted San Angelo Police Detective Jeremy Cannady on April 22, 2016 to inform him of the outcry. Detective Cannady contacted Detective Robert Lee, a Child Crimes Investigator for the Brownwood Police Department, and requested a forensic interview to be completed on the victim.
On April 28, a forensic interview took place at Heart of Texas Children’s Advocacy Center in Early, Texas. The victim explained how Perez took her into a bathroom, shut the door, took off his clothes, her pants and underwear and proceeded to sexually assault her.
She also told the interviewer that Perez stopped because he “thought someone was coming.”
The victim’s mother was not home during the incident. She also stated that Perez said if she told anyone that “he would get in trouble.”
During a custodial interview on May 13, 2016, after Perez was arrested for city warrants, Detective Cannady learned that Perez did not believe that he had sexual intercourse with the victim, but stated that it was possible while he “was intoxicated on methamphetamine.” He then told the detective that “he would believe what [the victim] stated.”
Charge #2
In the Evading Arrest Detention w/Previous Conviction case, which was 12.45ed, Perez, on or about June 3, 2016, attempted to flee San Angelo Police Officer Eduardo Salmon, who was attempting to arrest him on an outstanding warrant for the Aggravated Sexual Assault (see our original story here).
According to court documents, Officer Salmon and Officer Kyle Green attempted to serve the felony arrest on that day in the 2300 block of Weaver.
“Upon arrival, Officer Salmon watched the rear of the house while Officer Green knocked on the front door,” said the complaint.
Officer Salmon saw Perez exiting a window on the southeast side of the house and Perez looked directly at the officer. At that point, Perez fled south in the alley, and a pursuit ensued.
While running, Perez looked back at Officer Salmon and began yelling, “What are my charges!”
Perez continued to flee and repeated the statement. He was eventually tackled and arrested by Officer Salmon and learned the reason.
Charges #3 and #4
If the last two charges weren’t enough, on or about May 24, 2016, and according to the indictments, Perez knowingly possessed, with the intent to deliver, methamphetamine in an amount of four grams or more but less than 200 grams.
Additionally, on or about March 30, 2016, Perez forged a check in the amount of $100.
As stated, today’s plea included sentencing for a lesser aggravated sexual assault charge and the drug charge.
Today’s Plea Hearing
When the plea hearing began shortly after 3:30 p.m., the Bailiff brought Perez, with chains around his wrists rattling loudly, inside the courtroom. With hands shackled, Perez’s defense attorney Nathan Butler had the defendant sign documents pertaining to the plea agreement. He was then sworn in by the court.
Initially, there was some confusion over the indictment wording, which stated the victim was 14 years or younger rather than 6, so the court had to “adjust the stipulation,” and Butler had to go over those changes with Perez.
After perusing the rest of the documents, Walther found another issue and told Butler sarcastically to make the correction.
When Judge Walther finally proceeded, she asked Perez about waiving the reading of the indictments. She asked, “Do you understand?”
“Yes,” he responded in a low voice.
Walther had to ask Perez to speak up a few times throughout the plea hearing, and there were instances when Perez hesitated in his responses.
Because of this, Walther told Perez, “If I get confused, or you get confused, let me know.”
She then proceeded to explain the plea arrangement. For the lesser aggravated sexual assault charge, as stated, Perez will spend 20 years in a TDCJ institution, and for the drug charge, he received a 10-year sentence. Also, as stated, Judge Walther did not say the sentences will run concurrently.
During the explanation, there was a snag once more in the proceedings when Judge Walther asked Butler if he had read the document explaining that Perez must register as a sex offender for the rest of his life.
Butler said, “I don’t believe so, Your Honor.”
Thus, the court had to recess while Butler reviewed the lifetime sex offender obligation with his client.
Once court resumed, and Judge Walther reiterated the 12.45ed cases, she said, “The court will accept these plea bargains.”
Judge Walther added that Perez will receive jail credit for the sexual assault charge from June 3, 2016. He will receive credit as well for the drug charge from the indictment date, which, according to court records, was during the July 2016 term. However, Judge Walther, the State and Defense were unclear on the actual date during the plea hearing. The month of November was mentioned as well.
At 3:56 p.m., Judge Walther declared court rested and closed, and she told Perez, “Good luck to you, sir.”
Perez was taken into custody amidst the sound of crying in the courtroom.
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