By SYDNEY KENT
A man who raped a six-year-old has been sentenced to six years at the Indiana Department of Corrections by the Wells Circuit Court.
Daniel Gonzalez, 39, Hudson, pleaded guilty to child molestation, a Class C felony, in early May. As part of the plea agreement, the court dismissed a Level 1, Class A felony charge for intercourse with a victim younger than 14 years old. Gonzalez will also receive 72 days of jail credit.
A Level 1 felony carries a maximum sentence of 40 years, but under the plea agreement, the maximum sentence Gonzalez could have received was eight years in prison. The State, as well as representatives of the victim, asked for the full sentence.
The rape was reported in Oct. during a counseling session. The now 14-year-old victim stated she had been the care of Gonzalez, who was her stepfather at the time, when she was six years old and he had raped her.
Gonzalez denied the allegations during the investigation, specifically stating he did not touch the victim “as far as he knows.” He then offered to take a polygraph and results indicated Gonzalez was lying about his answers.
The victims’ mother denied any knowledge of the abuse, but admitted to leaving the marriage after learning Gonzalez was allegedly “beating” her son.
While the victim decided she was unable to testify, she was present with her grandmother and a group of supporters for the sentencing. Among the group, multiple individuals wore the identifying leather vests of the “Guardians of the Children,” a nonprofit biker group that advocates for and offers support to abused children.
Ultimately, Judge Kenton Kiracofe noted the significant factors of the case were the victim’s age and her home life at the time of the crime.
Defense attorney Larry Mock asked the court to consider Gonzalez’s clean criminal record and his decision to plead guilty as mitigating factors. He also requested a suspended sentence and probation.
In response, Kiracofe stated child sexual crime cases typically involve law-abiding citizens and it would not be considered a mitigating factor. Kiracofe also expressed concern about Gonzalez’s sincerity.
“The statement made in the pre-sentencing investigation report doesn’t acknowledge any true remorse to the victim,” Kiracofe said. “He made a practical decision (to plead guilty) and received a substantial benefit for that decision.”
Gonzalez sat two rows behind the victim while other cases were heard on Wednesday. One of the “guardians” stood most of the morning where the victim was seated. The guardian quickly shook her head and blocked Gonzalez when he attempted to walk in front of the child.
During his statement, which did not address the victim or the crime, Gonzalez pleaded with the judge to have mercy on him.
“You’re taking me away from my fiance, my one-year-old grandson, my five-year-old niece,” Gonzalez said. “I love her so much, she is my best friend. Please, I beg you — I’ve never done anything wrong.”
The victim’s grandmother spoke on the victim’s behalf.
“For nine years this has put her through hell,” The victim’s grandmother continued. “He broke the innocence of a six-year-old child.”
In addition to his sentence, Gonzalez is required to register as a sex offender for the rest of his life. He is also required to pay court fees, a $500 sexual assault victims fee, and a $100 child abuse prevention fee.
sydney@news-banner.com
