Former state Sen. Tony Navarrete sentenced to 1 year in prison in child molestation case
Former Arizona state Sen. Otoniel “Tony” Navarrete on Friday received a sentence of one year in prison following his February conviction for sexually molesting a teenage boy he was caring for.
The former lawmaker, dressed in a suit, was taken into custody by a Maricopa County Sheriff's Office deputy after the proceeding.
Maricopa County Superior Court Judge Kristin Culbertson, before ordering the sentence, offered Navarrete the chance to get 60 days in jail and 10 years of supervised probation. She granted a brief recess to allow the former lawmaker and his attorney to consider her offer or receive a different sentence.
Navarrete, a Democrat, decided to reject the offer of probation, leading Culbertson to order the one-year sentence.
Sentencing guidelines barred Culbertson from giving him more time in prison. But Navarrete, through his attorney, said he would not comply with probation terms that required him to participate in counseling, because such counseling demands that he admit to his guilt, which he will not do. The judge did not order internet restrictions for Navarrete, which she said weren't appropriate in this case.
The victim, who was between 13 and 15 when the incidents occurred, testified during the trial he stayed with Navarrete despite his sexual abuse because he had previously been living in a "dysfunctional" home.
The sentencing was part of his second trial. The first, which involved two victims and six felony counts, ended in a mistrial after the jury couldn't agree on a verdict.
The former lawmaker has maintained his innocence. The three-term legislator from Phoenix was a rising star in the Democratic Party before his August 2021 arrest by Phoenix police.
Before Culbertson ordered the sentence, prosecutor Michael Minicozzi said Navarrete deserved "life" in prison. He asked for the maximum time available in the case of one year in prison and stressed that Navarrete let down not just his family, but the community.
Navarrete was "literally going to work to do the people's business," then going home to molest a child, the prosecutor said.
"There can't actually be justice in this case today in here, and for that I am truly sorry," Minicozzi said.
As the victim listened in via virtual conferencing, several of Navarrete's friends and family members spoke in favor of his character and asked for a minimal sentence.
Local attorney John Phebus said what happened was a "tragedy" and that Navarrete would have gone on to a great future.
Esmerelda Castro, Navarette's niece, said she was at his home when he was arrested. With a father who wasn't always present in her life, Navarette filled the void with life advice.
"I asked that you please reconsider these false accusations that have been made about my tio," she said.
Navarrete's attorney, Adam Feldman, noted to the judge ― as he did in a sentencing memorandum ― that his client would be removed from counseling on probation because such counseling requires him to admit guilt, which he will not do.
Feldman acknowledged to Culbertson that he would reject the conditions she might impose if it involved sex-offender terms including counseling. But Feldman said his client "can't" participate in counseling, and therefore would be placed in jail. A term less than the presumptive one year is appropriate, he said.
The state could have chosen to press for more time, but didn't, Feldman said.
With the state's early-release programs, Navarrete could be released from prison in about seven months, he added.
Reach the reporter at rstern@arizonarepublic.com or 480-276-3237. Follow him on X @raystern.
This article originally appeared on Arizona Republic: Tony Navarrete child molestation case: Former lawmaker sentenced
