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Orovada man arrested for sexual assault on a child under the age of 14 bound over for trial Print
Written by Dee Holzel   
Thursday, October 01 2009 00:00
WINNEMUCCA  — Emmanuel Gonzalez-Barrera, 21, was bound over to district court for trial on the charge of sexual assault on a child under the age of 14, a category A felony.  The defendant is the adult brother of the alleged victim's stepfather.  The victim, who was 11-years-old at the time the alleged offense occured, took the stand and told the court that having sex was her idea; that she wanted to and her mother knew what she was doing -- though her mother told her "it was wrong".  Under questioning from Deputy DA Brian Williams, the defendant was not able to articulate what "having sex" meant; though, she also alleged she and the defendant had sex more than ten times.
Also called to the stand to testify was Deputy Victor Castaneda, who translated the defendant's statement from Spanish to English for investigators.  He said Gonzalez-Barrera told him the girl came into his room, started kissing him, and their clothes came off.  The defendant allegedly told the investigator that while he did start to have sex with the girl, he felt it was wrong and stopped.  He claimed that was the only intimate contact they had.

During closing statements, Williams argued the victim was "too young to consent ... there's no way she understood what she was consenting to."  The defendant's attorney, Humboldt County Public Defender Matt Stermitz, countered there wasn't enough evidence to bind the defendant over for trial because the girl was not able to articulate what had happened between the two.

However, Judge Gene Wambolt found there was sufficient evidence and the defendant's case will be transferred to the 6th Judicial District Court for trial.
 
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