Outburst: Victim's father escorted out after man sentenced in child sexual assault case
Editor's note: This story contains information about the alleged sexual abuse of a child. If you know or suspect that anyone under 18 is being sexually or physically abused, call the Texas child abuse hotline at 1-800-252-5400.
It was an emotional day at the Taylor County Courthouse Wednesday as a father's anger erupted against the man sentenced for sexually assaulting his daughter.
Roberto Acosta-Lemus had already pleaded guilty to aggravated sexual assault of a child in connection to a missing child case from 2023.
The girl was 12 years old when she was found at Acosta-Lemus' home, according to court documents. She alleged he had raped her. Medical staff determined through an evaluation that there was accompanying physical evidence, as well.
Wednesday, Acosta-Lemus was in court for his sentencing hearing.
Judge James Eidson of the 42nd District Court heard testimony, examined the pre-sentencing investigation and delivered a sentence of 15 years in prison for Acosta-Lemus.
Aggravated sexual assault of a child under 14 is punishable by five to 99 years or life in prison.
Immediately following the sentencing, the victim's father was removed from the court after he lunged at Acosta-Lemus in a tense moment in the courtroom.
Victim found in defendant's closet
Abilene police Sgt. Jeremiah Shaeffer was the first to take the stand for the prosecution. He testified about the night in question, Jan. 9, 2023. Shaeffer was the responding officer for the missing child call.
The judge also viewed police body-camera footage of the moment Abilene police officers found the young victim in the closet at Acosta-Lemus' home.
The victim's cell phone had pinged at a home in the 1400 block of Anson Road where Acosta-Lemus resided. In the body-cam footage, he reluctantly opens the door to the police and tells them there are only four men in the home.
After he is questioned further, Acosta-Lemus admits that the girl is in the home.
When Shaeffer tells him the girl is only 12 years old, Acosta-Lemus looks surprised.
"She told me she was 15," he says in the body-cam footage.
Acosta-Lemus then proceeds to lie to police officers by telling them that he is 16 when he was 17 at the time.
When Shaeffer asks Acosta-Lemus to tell him about the relationship with the girl, Acosta-Lemus is seen on video replying, "I don't know to be honest."
'By force'
At this point, Acosta-Lemus' lawyer, Anthony Green, pointed out to the court that the victim was not actively restrained in the video and could have hidden herself.
Shaeffer testified he "felt this was a runaway situation."
When Nurse Mary Bone of Hendrick Hospital took the stand, some audience members found it difficult to hear her testimony.
Bone testified the young victim was hugging her knees to her chest in the hospital and clutching a stuffed animal for comfort.
Bone testified the victim told Acosta-Lemus no, but she "was held down by force." Bone then detailed the bruising that covered parts of the 12-year-old's body.
Green was permitted to address the judge, asking for community supervision and a lenient sentence. Green said that Acosta-Lemus had apologized.
"He believed she was 15," Green said.
The defense attorney went on to say that it "could have been consensual."
Victim's father reacts
After Eidson sentenced Acosta-Lemus to 15 years in prison, the court heard a victim impact statement from the girl's father. He detailed how the crime had affected her.
He then looked across the courtroom and said, "My heart's broken. I'm floored."
His mood changed as he asked the judge to deliver a sentence of 99 plus 99 years. He screamed, "You illegal immigrant!"
One could hear a pin drop in the courtroom.
It was unknown Wednesday if Acosta-Lemus, who is from Honduras, has been living in the U.S. without legal permission.
In an earlier interview, Assistant Criminal District Attorney Charles J. Breaux Jr. has said he is unsure of Acosta-Lemus' immigration status, but the U.S. Border Patrol has an immigration hold on him in the Taylor County Jail.
In Breaux's experience, if a person convicted of a crime is not a U.S. citizen, he will serve the sentence with a hold from immigration and could then be deported after completing the sentence.
From the stand Wednesday, the victim's father asked Acosta-Lemus to look him in the eyes.
"I know you understand English," the father said.
When the victim's father got off the stand, he went toward Acosta-Lemus with a glare saying, "I want to get a closer look at you."
At this point, multiple law enforcement officers removed the victim's father from court.
Just outside the courtroom, the father used explicit language, shouting, "I'm going to kill that . . .!"
What will the fate of the co-defendant be?
Fernando Martinez-Rivera was being held Wednesday in Taylor County Jail on a $75,000 bond, according to online jail records.
He is also charged with aggravated sexual assault of a child under 14 in connection with the girl. Anyone accused of a crime is presumed innocent unless proven guilty in a court of law.
Martinez-Rivera will plead not guilty at trial, defense attorney David M. Stiller has said.
A trial date for him has yet to be reset.
According to April 11 court records, Breaux filed an agreed motion for continuance.
The motion states that Forensic Analyst Dianna Arndt discovered that "articles of clothing taken from the victim were never examined." The state subsequently filed a request to submit the clothing for a DNA analysis at the Texas Department of Public Safety Crime Lab in Lubbock.
On April 12, Eidson signed the motion for continuance for Martinez-Rivera's trial.
Like Acosta-Lemus, he is from Honduras and has an immigration hold from the U.S. Border Patrol in Taylor County Jail, according to online jail records
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This article originally appeared on Abilene Reporter-News: Outburst in court after judge sentences man in child sex assault case
