LIHU‘E — A man facing the possibility of incarceration the rest of his life was sentenced to 18 months in prison Wednesday for sexually assaulting two young girls. Justin Espinueva, now 25, was 22 when he had consensual sex with
LIHU‘E — A man facing the possibility of incarceration the rest of his life was sentenced to 18 months in prison Wednesday for sexually assaulting two young girls.
Justin Espinueva, now 25, was 22 when he had consensual sex with two girls who were 14 at the time, and could have been sentenced to 70 or more years in prison by 5th Circuit Judge Kathleen Watanabe for his multiple felony convictions.
“You could be locked up for the rest of your life. This is really, really serious business here,” said Watanabe, who abided by most of the terms of a plea agreement involving Deputy Prosecuting Attorney Chris Donahoe and Nelson Goo, Espinueva’s court-appointed attorney.
Espinueva pleaded no contest to nine counts of sexual assault in two separate cases and was found guilty of seven counts of second-degree sexual assault and two counts of third-degree sexual assault.
“This is about you accepting responsibility. You are the perpetrator here. It’s about you, and it’s not about blaming anyone else,” not the co-defendants, not the victims, Watanabe said.
Goo had argued for a year in prison and five years probation for Espinueva, and Donahoe asked for 18 months in prison in addition to the probation term.
Goo said Espinueva is doing well at Kaua‘i Community Correctional Center, is a candidate for the Lifetime Stand program there, and had no prior criminal record before his indictment and arrest in late 2008.
“He’s eager to do well. He wants to get passed this and do well,” Goo said.
“He is sorry it ever happened. I can bet my legal career” that Espinueva is not a pedophile or predator, Goo said.
Goo said Espinueva thought the girls were 17 when they were just 14.
Espinueva apologized to the victims and their families, and said he wants to use everything he has learned at KCCC so he won’t hurt anyone ever again.
Donahoe said the law involving sexual assault on children was put in place specifically to protect people needing such protection, in this case 14-year-old children.
The victims “suffered physical, emotional damage,” and the acts Espinueva was found guilty of did emotional damage to their families as well, Donahoe said.
The assaults took place over a two-week period, “indicative of some of the destructive choices” Espinueva made, Donahoe said.
The crimes that happened are serious, and the circumstances involved young girls, alcohol, drugs and sex, said Donahoe in arguing for 18 months of incarceration for Espinueva.
“It’s a tough call for me, judge, because I know what the statute says,” Goo said about sex assaults on young victims.
But some 14-year-olds are sweet and innocent, and some are not. “They’re not without street smarts,” Goo said of the victims. “He is not as evil as he might seem,” he said of his client.
“I want you to fully accept” and recognize participation in what happened, Watanabe said to Espinueva.
“You’re not the victim here. Let’s just get that straight,” said Watanabe, referring to the “serious charges” for which Espinueva was found guilty.
The court has an obligation to treat Espinueva fairly, as well as an obligation to protect the community, Watanabe said before announcing she would be honoring terms and conditions of the plea agreement.
Among the conditions is that prison time for the multiple felonies would be served concurrently, with credit given for Espinueva’s 200 days already incarcerated.
Wearing orange pants with “KCCC” down the side, and a white T-shirt with a cross on a necklace around his neck, Espinueva was told by Watanabe he would have to register as a convicted sexual offender on the state’s Web site for sex offenders, “something that will be with you for the rest of your life.”
Watanabe also ordered Espinueva to undergo a psychosexual assessment and subsequent treatment if deemed necessary.
