WARSAW — Xavier Juarez, 21, 3762 W. Old Road 30, Warsaw, may face immigration consequences, following his sentencing Thursday, April 21, for sexual misconduct with a minor, a level 5 felony.
Kosciusko Superior Court I Judge David Cates sentenced Juarez to four years in the Indiana Department of Corrections, suspended two years to be served on probation.
Juarez is also ordered to register as a sex offender.
Scott Lennox, attorney for Juarez, noted his client is attending counseling to make better decisions and has no prior criminal history. “He made a poor decision and is remorseful. It is unlikely to occur again.” Lennox stated his client understands he has a penalty to pay and knows he will be successful and move on with his life, be a part of this community, a family man and a father. Juarez has three dependent children.
Cates did question Lennox and Juarez if it was understood there may be immigration consequences, including deportation, if he accepted the plea agreement and the case proceeded to sentencing. Both responded it was understood.
“It does appear you have no criminal history … disagree with counsel that it was simply making a mistake. It was an intentional act you chose to do. It was your choice,” said Cates.
According to the affidavit of probable cause on May 16, 2015, police were notified by an adult that Juarez had sexual relations with a female between the ages of 14 and 16. The female teenager admitted to police the two had sexual relations on two occasions.