Wednesday, February 23, 2011

Man gets prison for sex assaults on sisters

By Gary V. Murray TELEGRAM & GAZETTE STAFF

WORCESTER — A city man was sentenced to state prison yesterday
after pleading guilty to sexually assaulting two sisters, ages 6 and 8,
in 2009.

Javier Huerta Gonzalez, 22, formerly of 6 Kingsbury St., Apt. 3, was
sentenced to 3 years to 3 years and a day in state prison, with 5 years
of probation to follow, after pleading guilty in Worcester Superior
Court to two counts of indecent assault and battery on a child.

One of the charges was reduced from rape of a child with force under
a plea agreement. Three other counts of child rape and a charge of
assault with intent to rape a child were dismissed at the request of
Assistant District Attorney Joseph J. Reilly III.

The sexual assaults occurred in January 2009 in an apartment at 3
Kingsbury St., where Mr. Gonzalez was staying, according to Mr.
Reilly.

The sentence imposed by Judge Peter W. Agnes Jr. was recommended
by Mr. Reilly and Mr. Gonzalez's lawyer, Joseph F. Hennessey.

Mr. Reilly told Judge Agnes that the plea agreement in the case was
reached after the court allowed a motion to suppress statements Mr.
Gonzalez allegedly made to police investigators. In allowing the
motion to preclude prosecutors from using the statements as evidence
at trial, Judge Agnes said the prosecution had not met its burden of
proving that the statements were made voluntarily.

"I'm glad this is over," the victims' mother told Judge Agnes in an
impact statement.

Mr. Gonzalez was given credit for 713 days he spent in custody
awaiting trial.

As conditions of probation, he was ordered to have no contact with the
victims or their family and no unsupervised contact with children
under age 16 except for members of his immediate family. He was
further ordered to undergo sex offender counseling, to register as a
sex offender and to submit to GPS monitoring.