In criminal sentencing for child sexual assault, judges must balance rehabilitation considerations with the severity of the offense and its impact on victims. In this case, Judge Stephanie Boyd sentenced Roberto Espinoza to 12 years in prison despite his age (65), military service, and community service, because he had committed multiple offenses over 10 years, failed to seek help after a prior arrest in 2013, and demonstrated a pattern of behavior that endangered children. The judge emphasized that while rehabilitation is important, the serious nature of the crimes and the lasting psychological harm to victims (including PTSD and nightmares years later) warranted the maximum sentence.
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RAP*D 3 Kids For 10 Years & Now Demands Probation — Judge Boyd Hammers Max SentenceAdded:
and search your fingers into her vagina.
What was your thought process?
>> Well, you happen to know >> Because of him, I'm 23 years old and I still get nightmares.
I wake up crying, screaming, sweating.
He took my childhood, he took my teenage years.
>> You said that he's a good person.
>> Yes.
>> So, you think good people sexually assault two girls over a period of 10 years?
>> I think that good people can get into situations and I think that that can be used manipulatively.
>> But she had to take off her pants because according to that, according to what I've read, you told her to remove her pants. So, at that point in time, there had to be some thought process. I mean, wasn't all of that running through your thoughts so you wouldn't get caught? In 2020 CR 4378 and 2020 CR 4377, State of Texas versus Roberto Espinoza, and you entered a plea of guilty. The court found there was sufficient evidence to find you guilty. The court deferred finding you guilty as you've applied for deferred education. In each of the cause numbers, your punishment is to be assessed at a cap of 12 years.
There's a $1,500 fine. State opposes your application.
Uh the cases were all concurrent and you entered a plea to the offense of indecency with a child contact.
State, you're opposed? Do you have any witnesses?
>> State has no witnesses.
>> All right, defense, do you have any witnesses?
>> Yes, Judge, I'd like to call Dahlia Morales.
>> All right.
>> And if you'll step to the uh my left, please. All right, can you raise your right hand for me? Do you solemnly swear affirm the testimony you give will be the truth and nothing but the truth? So help you, God?
All right, I'm going to need you to speak up so the court reporter can hear you, okay?
All right, could you state your name for the record, please?
>> Dahlia Morales.
>> Okay. Okay, we can't hear you.
>> All right, we got the fans going, so it's even harder to >> All right, defense.
>> All right, thank you, your honor.
Ma'am, what's um what's your relationship to uh Robert Espinosa?
>> I'm the ex-wife.
>> All right.
>> just one moment. I'm sorry. On the back row, uh >> Albert.
>> if you all could uh keep it down a little bit. Thank you. Yes.
>> Um describe to the judge your relationship with Mr. Espinosa.
>> I've known him married for together for about maybe 21 years, married 19.
And divorced uh 2007, I believe.
Um we have a very active life.
Our children in sports and nonstop year-round.
Uh very supportive.
And um always there for our children.
>> All right.
Now, you know, understand that Mr. Espinosa has admitted and pled guilty to the two charges that the judge described.
Um >> Um >> What can you tell the judge about that?
>> Very much out of his character.
Um I I'm um I'm a woman of faith.
I believe in forgiving. And pray that she's a second chance, providing he seeks out.
>> And how many children did you and uh >> Robert have?
>> Two girls.
>> What are their names?
>> Genevieve Espinosa and Bianca Bondurant.
>> And how old are they now?
>> Uh 37 and 43.
>> Thank you, ma'am. Last witness.
>> Um >> Hold on.
>> ask a question for you, ma'am. Sorry.
Question. Um are you related to the either of the two victims in this case?
>> No.
>> No?
Um, and so are you aware of the specific allegations in this case?
>> Am I aware? Yes.
>> Okay. Um, do you include that he has sexually assaulted at least two girls?
Are you aware of that?
>> I am. Yes.
>> Okay.
And so you're asking for a second chance for him.
Okay.
>> I think everybody deserves a second chance.
>> Okay. So there's nothing that he could have done that would prevent him from needing a second chance.
>> You do that deep in the phone?
>> If he killed somebody, should he get a second chance?
>> Judge, irrelevant.
>> woman of faith.
>> that'll be sustained. The objection is sustained. You can ask your next question.
>> I have no further questions.
>> All right, any >> Nothing further, Judge.
>> All right, thank you for coming in to testify.
>> Thank you.
>> No.
>> You can be excused if you would answer one question.
>> Okay. Thank >> Um, call uh, Genevieve Espinosa.
>> All right, could you raise your right hand for me, please? Do you solemnly swear affirm the testimony you give will be the truth and nothing but the truth, so help you God?
>> I do.
>> All right, you can lower your hand for me, please, and could you make sure you keep your voice up so that the court reporter can hear? All right, if you could state your name for the record.
>> Genevieve Marie Espinosa.
>> All right, defense.
>> Yes, Judge.
Um, how are how do you know Robert Espinosa?
>> He's my dad.
>> Okay.
And um, your mom just testified, is that right?
>> Yes.
>> What do you want to tell the judge about your father?
>> Um, I'd like to say that my dad, as long as I've been alive Ooh, sorry. Has been a man of service and always helping us and everybody in the community throughout our lives and I just believe that he is a good person and that and very I'm on my dad's side, I'm very impartial and by everybody's side, but I just really believe that he's he is a good person.
>> Um do you want the judge to send him to prison or to give him treatment on some sort of supervision, court supervision?
>> I think that treatment is absolutely necessary and that um rehabilitation is really important and that he can still be of service to his community, to us, his family and and especially his parents.
>> Okay.
What what's what's uh going on with his parents?
>> Um they're getting older and um a little hard, you know, it's a little harder to to um uh make his it's all his appointments.
Uh they're just with age in general, they're needing help to help.
>> All right. Um Do you Does your grandmother she have uh dementia?
>> Mhm.
>> Okay.
>> Yes.
>> And her husband's her step not his father, but her husband um do you know if Robert takes care of both of them?
>> Mhm.
He makes them lunch and dinner every day, making sure they take their medicine.
Always always there for them, making sure that they're adhering to their schedules and also his uncle, too. So >> Okay.
Now you know >> that he has admitted to some pretty some pretty serious crimes.
What do you want to tell the judge about that and what she should do to punish your husband your dad?
>> I have not my entire life had any any bad experiences or anything of that nature, so obviously all of this was a shock. It's a complete surprise.
We think that will end deciding his his his punishment.
>> That's what it is.
>> Say?
>> I have a couple questions for you. You said that he's a good person.
>> Yes.
>> So, you think good people sexually assault two girls over a period of 10 years?
>> I think that good people can get into situations and I think that that can be rehabilitated and counseled and there are things we can do and not just give up on somebody.
>> And you said that he's uh man of service. Well, you can agree with me that things that he did to these two underage girls were not acts of service, right?
>> Mhm. I don't know.
>> Right?
Steph, you're asking him you're asking this court to give him probation cuz essentially what I have down I understood from your testimony is that he's a good person and he helped the community.
Okay.
But, you can agree with me that he's at least ruined the lives of two girls.
>> He has.
He can I can't speak on behalf of anybody else, but if you're just asking from our perspective. This is my father and I wouldn't do everything I can.
>> I get that. I wouldn't want my dad to go to prison, but there's a difference between wanting and deserve. You can agree?
>> I agree.
>> I'll pass on this.
Um briefly, you would said he that your dad had helped the community. Could you tell the judge about that?
>> Um it while we were in school through pretty much all of high school and while we were kids, um he would volunteer to um clean up the parks and clean up the school page and we were always there by his side um helping along with that. Um so we we have always been kind of driven towards um you know, following in in their footsteps and and trying to make things better, so I think I'm I'm sorry. I asked the question.
>> I was just asking how he would help the community.
>> definitely in those ways.
>> Thank you, ma'am. No further questions.
>> All right. Any further follow-up questions?
>> No.
>> All right. Thank you so much for coming in.
>> Thank you.
>> All right. Defense.
>> Um is there anyone else?
>> Any other witnesses?
>> That's it.
>> All right. Uh is there anything you wish to say?
>> Just say that I um I apologize for >> All right. Let me put you under oath.
Can you raise your right hand for me, please? Do you solemnly swear affirm the testimony you give will be the truth and nothing but the truth, so help you God?
>> I do.
>> All right. You can lower your hand. If you could state your name for the record.
>> My name is Curtis Wilson.
>> Okay. And what did you wish to say?
>> Uh I just want to say I apologize to the victims and hope that they get help.
Help. And if I also need help, so Sorry about I did.
I I'll with this every >> All right.
Our defense.
>> Thank you, Your Honor.
Stress been also Do you hate yourself for what you did?
>> Yes.
>> All right. Were you ever in the military?
>> Oh, yes.
>> Okay.
Uh what branch?
>> Uh Marine Corps.
>> For how long?
>> Six years.
And the Army National Guard for >> For two years.
>> Okay.
And after you finished your service to federal government, did you uh work for the city of San Antonio?
>> Yes, for 22 years.
>> Okay.
And what kind of work did you do for the city?
>> Automotive.
Automotive part.
>> Okay.
What is Explain to the judge what that means.
>> Um we would maintain uh city vehicles to be running 24 hours a day.
>> When did you retire?
>> Uh here in 2002.
>> All right. How old are you?
>> 65.
>> Do you have any uh health issues?
>> Yes, I have diabetes, high blood pressure, cholesterol.
>> Okay. Are you taking medication?
>> Yes.
>> Okay.
Now, what kind of diabetes? Type 1 or type 2?
>> Type 2.
>> Okay.
Uh has that progressed to Has it gotten better or has it gotten worse?
>> I'm worse.
>> How?
>> Uh medication I was taking wasn't doing doing its job, so uh I have to go back and have a then re-evaluate me for a better medication.
>> Okay.
What um what is your sugar level?
>> Uh it's about 300.
>> Is that normal?
>> No.
>> What's the normal?
>> Your level should be under 90 and 100.
>> Um your high blood pressure, uh are you taking any medication for that? Yes. What kind of medication?
>> It's um lower my high blood pressure and the cholesterol pills that I take also.
>> Now, do you also take care of your mom and her husband?
>> Yes.
>> How old is your mom?
>> She's 82.
>> All right. And um why does she need to be taken care of?
>> Um she's got dementia.
>> Okay.
And um who's the primary caretaker of her?
>> Um her husband, who's my stepdad, but I usually do most of the the um scheduling for um hospital visits or doctor visits and all that.
>> Okay.
Um well, and your stepdad, does he have some disabilities?
>> Yes, he uh he's um left leg is pretty much gone. He has to use a cane or walker to get around so it's hard for him to get up and and with any problem.
>> So, if you were taken out of the equation, who's going to help your mom and her husband?
>> Um probably my wife.
Yeah.
>> All right. Now, prior to entering your plea in this case, how much time in jail did you did you spend?
>> 9 months.
>> All right.
When you finally got out of jail after the 9 months, did you have to wear a GPS monitor?
>> Yes.
>> All right.
>> I've been in August, I mean November 2020 through this date.
>> Okay.
Have you had any violations?
>> No, no no no no no.
>> Now, let's go back a little bit.
Who raised you as a child?
>> My grandmother.
>> Why?
>> My mom wasn't in the picture at that time.
>> Okay.
>> She was uh uh I guess getting remarried and all that stuff, so.
I didn't have that much pretty pretty much raised myself with with my grandmother.
>> Where's your dad, your real dad?
>> Um supposedly he's in California. I have not spoken to him since the age of Well, I was thinking 11.
>> You understand that the only thing the only choices that the judge has are to just send you to prison or she sees fit she could grant you deferred adjudication.
You got to register as a sex offender.
She can give you up to 6 months in jail as a condition.
She can keep you on the monitor for the duration of your deferred adjudication.
>> Um >> Tell the judge what you would like for her to sentence you to. What should your sentence be?
>> Um I would like to see if I could have deferred adjudication because I do need help.
>> Help with what?
>> Uh getting help uh with the problem I have with with the what I have done.
>> The crimes that you admitted that you >> Yes.
>> that you committed.
>> I >> And How old are you?
>> 65.
>> [clears throat] >> Is there anything else that you want to the judge that I haven't asked you?
>> I just hope the victims get help.
Um and that I also need help, so I'll leave it up to the judge to see what she wants to do.
>> I'll pass it on.
>> State, I just have a couple questions for you. What specific help do you need?
>> Just getting back to what a normal human being should be.
>> So, you pled guilty to an offense that happened in 2009, correct?
>> Yes.
>> Okay.
And then in 2013, you were arrested for a different sex offense, right?
>> Yes.
>> Why didn't you seek help then?
>> I didn't have the means for that.
>> But instead, you went on and in 2019, you perpetrated against another child, correct?
So, despite being arrested for a sex offense, you at that point didn't decide to address your behavior.
>> No.
>> So, now that you are facing prison time, is now when you're thinking that it's the appropriate time to get some help?
>> Um you know, I think I have what that I want to do is to get help.
>> Okay, but you could have done that in 2013, right?
>> Yes.
>> But instead, now that we are facing prison time, now you're asking this court to give you probation so that you can get some help.
>> Yes.
>> I'll pass it on.
>> All right, any further questions?
>> No, thank you. No questions.
>> All right, I just have one question uh for you.
What was your thought process when you were committing these acts?
Because I read and and you know, I always make sure I read everything.
Because I want to make sure I'm familiar with everything.
So, I read all the stipulations and then when people come before me and I'm to do a sentencing, I read all the stipulations and I also read the uh PSI report that's been prepared for me. So, there is one incident [clears throat] where you go to a store and you ask her brother to get out of the vehicle so that he can go get gum.
And then you proceed to uh insert your fingers into her vagina while he's in the store.
And so, what I'm looking at is you had to know it's a public place.
Who knows how long her brother's going to be in the store to buy gum?
And you're having his sister remain in the vehicle. What what is your thought process?
>> I I have no no um I had no I didn't have any have no thought on what I was doing. I didn't I know I >> you have to be thinking something. I mean, I know you're coming to me and you're saying it was wrong.
>> Mhm.
>> But she had to take off her pants because according to that according to what I read you told her to remove her pants. So, at that point in time there had to be some thought process like how much time do you had to be estimating I'm thinking how long her brother's going to be in the store. Is there a long line? How many cars in the parking lot because that determines to me how long he's going to be online.
First, he has to pick out the gum. When he picks out the gum, he stands in line.
How long is going to take the cashier with them? How long is going to take him to pay? I mean, wasn't all of that running through your thoughts so you wouldn't get caught?
>> Yes.
It was in a public place so there was people out there, you know, so I it was just I I I don't know my my where I was at at the time so >> Okay. It's just Okay.
>> Let me explain.
>> Anything else from either side?
>> Brief argument.
>> All right, the court will hear argument.
Uh defense.
>> Thank you, judge.
>> Well, I'm sorry. Actually, it's the state first and state if you want to reserve, you can.
>> I'll argue first, judge. I I I think this case is clear. 12 years is not enough.
Um but I understand that is the plea bargain that the state entered into with this defendant to have these cases resolved, prevent two girls from having to take the stand and tell about the things that this man did to their body.
We have three witnesses um including the defendant come here and tell this court that he should be granted deferred adjudication. He should be given probation because he needs help.
Um number one, I think that's quite frankly, a ridiculous argument when he was facing a continuous sex abuse of a child case.
He could have received help then. He could have sought it out then regardless of what the allegations were, the truthfulness of those allegations.
But instead, we have him that case gets dismissed and then in 2019, he perpetrates another in against another young woman a girl the the girl within our community.
Um these girls are going to be dealing with this, excuse me, [clears throat] for more than 12 years of their life. They'll be dealing with this for the rest of their lives.
Because of this man's actions, because of his inability to stop himself from his in ability to seek the help to prevent him from perpetrating on children.
He got the benefit of a bargain and we're asking that he get the full 12 years because we're talking about two girls over a period of 10 years and the allegations then and of themselves are I think showed the the terrible nature which they were committed especially when you talk about them like the court pointed out happening in public happening in a park when he gives this young girl alcohol um and then perpetrates against her and then takes inappropriate photographs of her then asks those inappropriate photographs to be sent to him.
Um nothing's going to stop him.
And so at least for 12 years this community can be safe from him perpetrating on another young girl and from him perpetrating and ruining another girl's life and every single life that touches that girl's life. So we're asking that you deny his application and you send him for the full 12 years because he deserves every bit and every day of that 12 years.
>> All right, defense.
>> Thank you, judge. Um I certainly understand the prosecution's position.
Um these kinds of crimes can't justify them.
Can't give excuses.
And he's not.
Um he did what he did because there's something wrong with him.
And it is something wrong deep part of his brain and I have seen treatment providers sex offender treatment providers perform and get people to I'm not going to say 100% normal, but they have taught them how to not do that anymore, to get their minds off that. And they are subject to you know, you can give him 10 years deferred. All right, he's 65. He's going undergoing serious medical conditions, taking care of his elderly mom and stepdad.
Um He served our country, he served our city.
Um what he did is inexcusable, but he he you know, it's not like we have sex offender treatment rehabs advertising and putting billboards all over the city or all over the TV.
You don't really know about it until you really get in the system.
And so we've we've talked about that.
And he wants to find out what is my what what is my problem? Why am I like this?
He hates himself for what he did.
He served 9 months in jail during COVID.
And has been under house arrest since then, Judge.
I think you can you know, temper punishment with rehabilitation in this case.
You can give him 6 months as a condition. 6 months in jail as a condition.
That would come up to over a year with the 9 months he did um awaiting awaiting trial.
The sex offender treatment program in Bear County is outstanding. The counselors are outstanding.
Um he knows he's going to have to register as a sex offender. We've talked about the standard conditions of yearly polygraphs and treatment and counseling and she he he wants it.
And he needs it.
If you just send him to prison, Judge, I don't know how long he's going to make it in there for his health problems.
Um but he's not going to get treatment.
You just don't get treatment in prison.
And so we're asking the court for 10 years deferred adjudication.
>> All right. Um Mr. Espinoza, I want to let you know that I listened uh to the witnesses that were called on your behalf. I think it's um always commendable when we have people who are willing to come in to um give me another insight into you other than what you've been charged with.
And I wanted you to know that um I appreciate your service that you've given to uh the community um as your time as a Marine and also uh the work that your daughter said that you did in the community to uh help.
Um and each of the cause numbers, the court is going to find you guilty. The court will sentence you to 12 years in the prison, give you credit for any time served, $1,500 fine, time and money to run concurrent. Each of the cause numbers will run concurrently. So 2020 CR4378 and 2020 CR4377 are running concurrent. There's to be chapter two 62 compliance in each of the cause numbers, and in each of the cause numbers there's to be no contact with the complainants or the complainant's family. And I believe uh both parties are aware of uh those persons, and I've included those names um on the docket agency, so those names will be on the judgments, and those are the names that are in um the indictments. Is there anything else with regards to sentencing from either side?
>> Yes, we just have victim impact. All right.
I don't know if the zoom is working.
>> No one has zoomed in.
All right.
No shh no one's in the link. Just give me one moment. And each of the cause numbers I'm going to show you what's entitled trial court certification of defendant's rights to appeal.
Did you review that document uh with your attorney? Did you understand it and did you sign it?
>> Yes. Yes, ma'am.
>> All right. Because this is a plea bargain agreement, because I followed your plea bargain agreement, and because you waived your right to appeal, you do not have the court's permission to appeal. Do you understand?
All right. Um good luck to you. Uh what we're going to do is I'm going to have you remain because my understanding the state has victim impact, but that's going to be by video, okay? So, if you can just uh have it have him in the back and then we'll bring you uh out, Mr. Um All right. There's someone here to give victim impact to you.
Um they're going to be respectful.
I require everyone in the courtroom to treat everybody with respect. So, uh you can just listen to what they say and internalize it. You may begin with your uh impact statement.
>> Thank you.
Um So, >> [clears throat] >> um So, forever I [snorts] was embarrassed and scared to tell anybody what happened to me.
>> [snorts] >> Um I was ashamed for something that I shouldn't It wasn't even my fault. It was 100% his.
Um I tried to make up silly excuses going up in my head for why he did what he did to me.
And um I figured if I acted like nothing was happening and if I pretended like nothing was happening, then maybe one day it'll stop happening, and >> [snorts] >> it didn't.
Um Because of him, I'm 23 years old, and I still get nightmares.
I wake up crying, screaming, sweating.
Um because of him, I do have diagnosed PTSD.
Um I was I had a hard time trusting other men growing up.
When I met my husband, I had a hard time knowing that someone else wasn't going to hurt me.
Um >> [snorts] >> In my nightmares, I had dreams of him showing up at my doorstep.
And now that he's going to prison, I feel some sort of relief that I'm not going to wake up one morning and see him at my door.
Um I was scared all men were like him because of everything he did to me all those years.
>> [snorts] >> And now because of if I I had to live with the guilt that if I spoke up sooner, he wouldn't have gone and done this to other people.
But I didn't, so that's something I have to deal with for my life.
And um >> [snorts] [laughter] >> because of the fact that he couldn't be a man, a decent person, or even a human, we're all here in this position.
Him finally having to deal with the consequences will help put some ease on me, >> [snorts] >> but I still have so much to work on when it comes to myself because of him.
He took my childhood. He took my teenage years.
>> [snorts] >> And you know, now he's done taking control of a lot of things.
>> [clears throat] >> Um I suffered too much because of him.
And I I don't wish any sort of luck for him for the next few years, but I but I do hope he feels helpless and embarrassed.
Uh I hope he feels shame um along with anyone who may have stood by his side during this time.
>> [snorts] >> And I'm [laughter] happy this is the end.
That's it.
All right. Thank you for um coming down.
>> In a Texas courtroom, a judge sentenced 65-year-old Roberto Espinosa to 12 years in prison after he pleaded guilty to multiple charges involving child victims.
The former Marine and city employee had sought deferred adjudication asking for treatment and probation instead of prison.
His ex-wife and adult daughter testified on his behalf describing him as a community volunteer and caretaker for his elderly parents.
However, the judge detailed a specific incident in a public parking lot where the defendant isolated a child from her sibling before committing the offense.
When asked directly about his thought process during the incident, Espinosa replied, "I don't know."
A young victim delivered a powerful impact statement via Zoom stating she still suffers from nightmares and PTSD at age 23.
The judge denied probation citing the pattern of behavior spanning multiple years and ordered the maximum 12-year sentence plus sex offender registration.
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