November 21, 2009
What's Inside:
Man gets 10 years in molestation case
Alberto D. Arias, 34, received a 10-year prison sentence Tuesday in Buchanan County Circuit Court for sodomizing a St. Joseph girl.
Mr. Arias pleaded guilty to statutory sodomy in the first degree in August, and on Tuesday, Judge Dan Kellogg agreed with the assistant prosecutor’s recommended sentence of 10 years, 8½ years of which are mandatory.
The victim said the defendant started molesting her when she was 7 and the abuse continued until she was 12, when she reported it to a school counselor last year. Mr. Arias worked in Nebraska during the week and returned to St. Joseph during the weekends. Court documents list his residence in Columbus, Neb., though he apparently has a home in St. Joseph, as well.
“What you’ve done to this child is reprehensible,” Mr. Kellogg said before issuing his sentence. “You’ve taken away her childhood. You’ve taken away her innocence.”
The defendant is from El Salvador and communicated through an interpreter Tuesday. In the sentencing assessment, Mr. Arias blamed demons for his actions. However, his private attorney from Kansas City, James Barker, took issue with the report, telling the court it wasn’t conducted through an interpreter.
“His choice of words may have a lot to do with his inability to fluently speak the English language,” Mr. Barker said.
Mr. Barker argued his client met every requirement of the state’s social services during the past year, participating in counseling while continuing to support his family.
“It’s a horrible crime, and there is no excuse for it. And he is not offering an excuse for it,” Mr. Barker said. “I just don’t think a prison sentence is appropriate in this circumstance given what he has done since.”
Assistant prosecutor Pam Blevins countered that the defendant didn’t take responsibility for his actions by blaming demons and claiming the victim let it happen. She continued that the five-year span of the crimes demonstrated the defendant needed significant prison time.
Mr. Arias wore a gray, pinstriped suit and yellow shirt to his hearing. After the sentence, he sat in the jury box and rubbed his face while speaking with Mr. Barker after hearing the sentence. The defendant then took off his jacket, tie and belt and gave them to his attorney before a sheriff’s deputy took Mr. Arias into custody.
R.J. Cooper can be reached at rjcooper@npgco.com.
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What HE has done since!? Too bad! That sentence is not harsh enough!! He took away a child's normal life. Take away his!
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Paladin October 8, 2009 at 9:33 a.m. (Suggest removal)This defense attorney sounds like a scumbag. In one breath you state what he did was wrong and is guilty and yet say prison isn't appropriate? How does this guy sleep at night?
The demon argument. Give me a break. These filth should be glad I'm not a judge. Even if it is a case where someone is mentally insane - you can't release them back into the public. Law enforcement and the judicial branch have a responsibility to keep citizens safe.
"Mr. Barker argued his client met every requirement of the state’s social services during the past year, participating in counseling while continuing to support his family."
Guess what - this isn't a get out of jail free card. It's called doing what you're supposed to be doing! You're supposed to support your family you out-of-touch, word mincing pathetic excuse for an attorney!
Justice was served.
I say after he serves his 10 years, we deport him back to El Salvador !
makes a good argument for casteration dosen't it. as a father who raised two girls i volunteer. i've cut a lot of hogs in my day,that makes me qualified.
These low-life's can say they regret their actions, but it's been proven they feel ZERO remorse. Once a molester, always a molester, courts and laws need to sentence them to the maximum!