Please read story before commenting . A man convicted of raping a 15-year-old Glenwood Springs High School student on graduation night in 1995 has been sentenced to seven years in prison.
Javier Rojas Delgadillo, 33, received seven years in prison for a count of first-degree sexual assault. Two years of prison each for two counts of contributing to the delinquency of a minor will run concurrently.
Delgadillo fled to Mexico after being accused of the rape in 1995. His attorney, Ted Hess, said it was because he was not receiving “zealous” representation. Delgadillo came back several years later and worked using false personal information. Detectives discovered his identity after a bad reaction to cocaine landed him in the hospital in April 2006 and his fingerprints matched outstanding warrants. A jury convicted Delgadillo of the three charges in February.
Ninth Judicial District Judge Denise Lynch said the sentence would provide punishment, and also a chance for rehabilitation and treatment.
“Instead of facing the charges at that time, you absconded and went back to Mexico to avoid prosecution, and that is a fact that this court cannot ignore,” Lynch said.
About 10 family members and supporters of Delgadillo watched as he walked out of the courtroom Friday afternoon on his way to jail.
“Throughout the case they said the family has never felt sympathy for the victim,” said Mario Delgadillo, Javier’s brother. He spoke outside court through a female Spanish interpreter who did not want to be identified. “They do feel bad for her, but (Javier) has also been a victim to have this hanging over his head for 12 years.”
“They convicted me of a crime that I didn’t do,” Javier Delgadillo said. “It’s very difficult for me and my family. I have a son who’s 6 years old. He needs me.”
He had a photo of his son and what looked like a child’s colored picture to present to the court. Hess said the family plans to appeal the case.
Mario Delgadillo and Maria Delgadillo, Javier’s mother took the stand; they painted a picture of a hard working family who had come to America to better themselves. Maria and Mario are both American citizens, according to them and Hess, but Javier is not.
“I’ve never missed a visit with him,” Maria Delgadillo said. “My largest dream was to be able to have my son Javier get his papers.”
Javier likely faces deportation after his prison term, Hess said. Hess also had a psychosexual evaluator testify via telephone that Delgadillo poses a low to moderate risk of re-offense.
Deputy District Attorney Amy Fitch said the victim wanted the maximum prison sentence, but couldn’t travel here to testify because she was too distraught over the recent death of a sibling.
“Javier Delgadillo came to our country illegally without permission,” Fitch said. “He entered the home of a 15-year-old girl while she was asleep and alone.”
Fitch said Delgadillo awakened the girl, blindfolded her and brutally raped her.
“He left illegally while on bond,” she said, adding that the victim did not get any closure in the 12 years since the incident.
“It seems to me that Mom’s lessons about respecting women didn’t stick,” Fitch said, adding that Delgadillo was caught peeping on an aunt when he was 13 and would do inappropriate things to punish his wife when she didn’t want to be intimate with him.
Fitch argued that if Delgadillo didn’t get a prison sentence he would be immediately deported and would not seek sex offender treatment. She said he could then pose additional threat to the community.
“We know what he does,” she said. “He comes back here illegally, under a different name.”
http://www.postindependent.com/article/20070908/VALLEYNEWS/109080066
