“A 6-Year-Old?” —Judge Questions 28-Year-Old Defendant Over Disturbing Allegations

Added: 2026-05-09

[00:00:00]And I would Why are you kissing a 6-year-old with your tongue?

[00:00:03]That's why are you penetrating a 6-year-old with your penis?

[00:00:08]I mean you played guilty to it.

[00:00:09]>> Yes, ma'am. So I'm I'm trying to figure out what were your thought process when you were penetrating a 6-year-old with your penis in the vagina and anus?

[00:00:20]All right, court is calling. And I'm going to need everyone to be quiet in the box. Court is calling 2019 CR6589 State of Texas versus Jonathan Rodriguez. Can I have parties announced for the record for the state?

[00:00:33]For the defense?

[00:00:35]All right, Mr. Are you Mr. Rodriguez?

[00:00:38]Yes, ma'am.

[00:00:40]All right, have both parties had a chance to review the PSI report, state?

[00:00:43]Yes, ma'am. Defense? Yes, your honor.

[00:00:45]Any objections to the PSI report, state?

[00:00:47]No, your honor. Defense?

[00:00:48]>> No, your honor.

[00:00:50]Are there going to be any witnesses or just argument? Just argument. All right.

[00:00:55]Mr. Rodriguez, you entered a plea to indecency with a child.

[00:00:59]According to the plea bargain agreement, uh punishment is to be assessed at a cap of 15 and there are no there's to be no contact with the complainant and chapter 62 registration.

[00:01:11]Uh the state is opposed to your application, state?

[00:01:14]Yes, your honor. Um so and I'm to be proceeding with argument, right? Yes.

[00:01:20]I didn't want to assume anything, your honor.

[00:01:22]Um so based on the offense date, if you look at the child's date of birth compared to the defendant's date of birth, the child was 6 years old at the time of the offense. And the defendant was 28 years old at the time of the offense.

[00:01:33]Uh this case is even more aggravated in its in the fact that this child, when she went and had her sane exam, the fact that she had a sane exam is terrible in and of itself.

[00:01:44]But as a result of that, she tested positive for chlamydia in both her anus and in her vagina.

[00:01:50]Uh Uh what's contained in the steps and what I believe is important to consider is that this child said that uh he penetrated her anus and her vagina.

[00:02:00]Um and so it's clear how other What other way other than some sexual act by somebody does a child get this?

[00:02:07]Uh And so these cases are already all already agreed in the nation that we have a child victim whose innocence has been stolen from them.

[00:02:17]Uh but what's even more aggravating is the fact is the age difference that this child was 6 years old at the time of the offense.

[00:02:25]And what's even more aggravating is the fact that this defendant presumably all the evidence suggests that he is the one who caused her to have uh an STI at the age of six, maybe seven at the time of her outcry.

[00:02:41]And so uh we are asking, and I believe justice demands that you deny his application for deferred adjudication uh and that we ask that you sentence him to the full 15 years because the aggravating nature of this offense.

[00:02:59]All right, defense.

[00:03:01]Your honor, uh obviously these are aggravated facts, but these cases uh almost always involve aggravated facts and um I think, Judge, uh what is going to determine uh uh how this case goes is whether or not the court believes that my client is worthy of redemption, and I would say that he is.

[00:03:26]I am asking that you put him on deferred adjudication.

[00:03:29]Uh notwithstanding the horrible mistake that he made, he has no criminal history. He's uh never done uh he's never been convicted of a felony, he's never done time in prison, he's never uh done time in county jail.

[00:03:43]Uh it's if it's first offense, and it is a horrendous offense, but the fact remains he has no criminal history whatsoever.

[00:03:52]Um Further, your honor, this if there is a deferred adjudication, as the court knows, the court would not be limited to the sentence and range that it's limited today. Uh in the in the event that Mr. Rodriguez were to violate his deferred adjudication, Mr. Rodriguez that point would be facing the maximum, which I think gives him incentive to behave himself while on deferred adjudication.

[00:04:16]Also, on deferred adjudication, the court can order the treatment that he needs in order to uh rehab rehabilitate himself, and the court could also order conditions to protect the complainant uh from the defendant.

[00:04:31]Um I'm asking, your honor, that you put him on on deferred adjudication. This is a horrendous thing that he's facing.

[00:04:41]Uh there's not really anything I can say about that. But the fact is, I think he's worthy of saving. He has no criminal history, and um I do think that uh I I do think that he can right the ship, so to speak, your honor.

[00:05:01]All right, anything you wish to say?

[00:05:03]Um Can you raise your right hand for me?

[00:05:05]Yes, ma'am. Do you solemnly swear and affirm the testimony you give will be the truth and nothing but the truth, so help you God? I do. You can lower your hand. So, before you decide to testify, if you decide to testify, the state, of course, is allowed to cross-examine uh cross-examine you. Do you still wish to testify?

[00:05:20]Um If I ask you questions, you can ask me questions, too. You have to answer.

[00:05:24]Okay.

[00:05:26]All right, what would you like to say?

[00:05:27]No, um about the about probation, if if you do give it to me, you know what I mean?

[00:05:34]Um All right, I thought you wanted to say something about the actual allegations.

[00:05:37]>> No, I was I was going to say you know about the about the probation. And if you do give it to me, I promise, your honor, that I'll prove to you, and also I'll prove to my brother that's back there, and my mom also.

[00:05:50]And I would >> Why are you kissing a 6-year-old with your tongue?

[00:05:53]That's what I'd like to know. Why am I kissing a 6-year-old? 6-year-old with your tongue. I read all of the PSI reports.

[00:06:00]I don't remember doing that, Your Honor.

[00:06:02]Why are you penetrating a 6-year-old with your penis? I didn't I mean, you pled guilty to it.

[00:06:08]>> Yes, ma'am. So, I'm I'm trying to figure out what were your thought process when you were penetrating a 6-year-old with your penis in the vagina and anus? It was I I know I messed up, and you know Well, now, my question is, why? What were your What were you thinking while you were doing it? That's what I'm trying to figure out.

[00:06:29]I just followed the name of the Okay. I'm sorry.

[00:06:33]I mean, I'm I'm just asking questions.

[00:06:35]>> All right.

[00:06:37]All right, defense.

[00:06:39]Any questions? No, Your Honor. Um as the court sees, there's What what can he say for for this? It it's horrendous.

[00:06:46]I just ask the court to show mercy.

[00:06:48]Thank All right, any questions?

[00:06:51]I think you said enough, Judge.

[00:06:53]All right, this is what the court is going to do. The court is going to find you guilty, sentence you to 15 years in the prison, give you credit for any time served. There's Chapter 62 registration and no contact with the complainant.

[00:07:03]Shown you what's entitled trial court certification of defendant's rights to appeal. Did you review that with your your attorney? Did you understand it, and did you sign it? Yes, ma'am.

[00:07:11]Because this is a plea bargaining agreement. Because I followed your plea bargaining agreement, and because you waived your right to appeal, you do not have the court's permission to appeal.

[00:07:19]Do you understand?

[00:07:20]Because this is a felony conviction, you're not allowed to own or possess any weapons or ammunition. If you have a question over what a weapon or ammunition is, you need to speak to an attorney. Do you understand?

[00:07:30]All right, we can go off the record. I understand that sometimes people regret what they've done, but we can't turn back the hands of time.

[00:07:39]So, you You to internalize what you've done and hopefully this won't happen again with you. You understand?

[00:07:47]All right, is there any impact or no?

[00:07:48]No, sir.

[00:07:49]All right, thank you.

[00:07:51]A Texas courtroom fell completely silent when Judge Boyd began directly questioning Jonathan Rodriguez during sentencing.

[00:08:00]Rodriguez had already pleaded guilty under a plea agreement capped at 15 years, but what happened next stunned everyone watching.

[00:08:09]Prosecutors described horrifying allegations involving a 6-year-old child, telling the court the victim tested positive for chlamydia after a sexual assault examination.

[00:08:19]The defense begged for deferred adjudication, arguing Rodriguez had no prior criminal history and deserved a chance at redemption.

[00:08:28]But the judge wasn't convinced.

[00:08:31]Instead of immediately sentencing him, Judge Boyd confronted Rodriguez face-to-face with blunt and emotional questions that left the courtroom frozen.

[00:08:41]"What were you thinking while you were doing it?" the judge asked after reviewing the PSI report in detail.

[00:08:48]The defendant struggled to answer.

[00:08:51]Moments later, the judge made his final decision, rejecting probation entirely and handing down the maximum sentence allowed under the plea agreement.