Judge hears family's pleas for mercy.
DEADWOOD - Juan Miguel Otero will have to wait until Oct. 28 to find out his prison sentence but, on Thursday, he heard his family make tearful pleas for mercy from 4th Circuit Judge Randall Macy.
Otero, 22, of Chicago faces up to 65 years in the South Dakota State Penitentiary after pleading guilty in August to rape and possession of child pornography.
The case involves Otero's interaction with a Lead-Deadwood High School student between the age of 13 and 16. A grand jury indictment said the rapes occurred Aug. 15-16, 2008, and Feb. 10-12, 2009.
He pleaded guilty in August to three counts of fourth-degree rape, a Class 3 felony with the maximum sentence for each count, 15 years in the state penitentiary, a $30,000 fine or both. And he pleaded guilty to two counts of possession of child pornography, a Class 4 felony, each count carrying a maximum sentence of 10 years in the state penitentiary, a $20,000 fine or both.
The sentencing hearing was continued because court officials learned just before Thursday's hearing that a psychological evaluation was not complete. However, Otero's family had already arrived in Deadwood from Chicago, Ill., and Houston, Texas. Judge Macy allowed them to speak on behalf of Otero.
The family members spoke with the assistance of Otero's sister who acted as an interpreter.
"Please have some mercy," said Hanna Delvalle, Otero's mother. "This has been seven months of complete agony. I hardly sleep. He is my son."
She said she lives alone in Chicago and counts on her son's support.
Other family members said Otero believed the victim was age 18 or 19 when he met her over the Internet. Prosecutors contend that Otero posed as a military recruiter to attract his victim. He was wearing an Army National Guard uniform when he was arrested in front of the Lead-Deadwood High School in February.
Otero's family said he was in love with his victim and harbored no harmful intentions in the relationship.
"He had to feel something beautiful for that young lady. When you get involved too deeply, you make many mistakes," said Otero's cousin, Emma Chaidez.
Judge Macy said he has received a large packet of letters of support for Otero, which he will consider at the Oct. 28 sentencing.
Macy will likely hear a different version of events Oct. 28 when Lawrence County State's Attorney John Fitzgerald will explain the charges in detail. The victim or her family may also make an appearance in court.
Posted in Local on Thursday, October 1, 2009 12:00 am | Tags: Local Crime, Rape, Lead-deadwood, Northern Hills News
© Copyright 2010, rapidcityjournal.com, 507 Main Street Rapid City, SD | Terms of Service and Privacy Policy