A 35-year-old man who pleaded guilty to attempted sexual assault on a child was sentenced to eight years in community corrections at Hilltop House after a judge opted for rehabilitation rather than punishment.
Pedro Macario Rocha was arrested in November 2019 after law enforcement was alerted that Rocha had sexually assaulted a child the month before at a home in the Forest Lakes subdivision, north of Bayfield.
At Rocha’s sentencing hearing Thursday, Judge William Herringer had the option to impose a maximum sentence of eight years in prison at the Department of Corrections.
Deputy District Attorney Zach Rogers, prosecuting the case, asked for the maximum sentence to be imposed, adding that the victim and the victim’s family also wanted Rocha to serve eight years in prison.
“The most troubling fact associated to this case was that the defendant (Rocha) was in a parental role when the offense occurred,” Rogers said.
Kellan Schmelz, Rocha’s public defender, said Rocha has taken full responsibility for his actions and a prison sentence would not help Rocha get the services he needs for rehabilitation.
“He hasn’t been sitting in jail blaming everyone but himself,” Schmelz said. “He’s beaten himself up over this, a lot.”
Rocha has been detained at the La Plata County Jail since his arrest in November 2019.
“My entire life, I’ve always took responsibility for my actions,” Rocha said, addressing the judge. “Give me a chance to go on probation and I’ll do whatever you ask ... I just want to apologize to everybody.”
Herringer called it a “difficult case.”
Herringer said Rocha was intoxicated at the time of the assault and has not told an accurate account of what happened to authorities. Herringer added that Rocha “poses a danger to the community” and the crime merits prison time.
“A sexual assault on a child of this age (while intoxicated), under the circumstances, is a violent, traumatizing and life-changing act,” Herringer said.
Herringer, however, said it would be in the best interest of community safety if Rocha were instead sentenced to community corrections, which includes sex offender treatments.
“I am going to strike the balance on the side of community safety as opposed to punishment,” he said.
For both attempted sexual assault on a child and an additional charge of contributing to the delinquency of a child, Rocha was given a total of eight years of community corrections.
Rocha will be held at the La Plata County Jail until a bed opens up at Hilltop House.
Herringer told Rocha if he does not meet the terms of community corrections, “you can expect you are going directly to prison.”
As part of the sentence, Rocha cannot have any contact with the victim.
jromeo@durangoherald.com
