Danville man gets 15 years in rape case

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A Danville man received a 15-year prison sentence Monday for raping a woman after he broke into her house and threatened her with a knife in April.

Ciro Caballero Martinez pleaded guilty to rape, statutory burglary and wearing a mask in certain places Sept. 24.

Danville Circuit Court Judge Joseph W. Milam Jr. said the offenses Martinez faced are serious, but he gave the defendant credit for acknowledging his guilt, though it came late in the process.

According to testimony Monday, Martinez continued to tell his family he was innocent until recently.

“If there’s any positive, we know the truth, and the victim can be sure that no one is questioning her credibility,” Milam said.

Michael Newman, a senior assistant commonwealth’s attorney for Danville, asked the victim to testify during court proceedings Monday.

“Before that day, I considered myself a happy woman,” she said through an interpreter. “In a short time, (a stranger) destroyed everything. My dignity, my eagerness.

“I try day to day to recuperate, to pick up the pieces. I don’t think anyone can cure me of this.”

She clung to a white tissue and sobbed throughout her testimony. Taking abbreviated, quick breaths, she paused after a few words to let the interpreter translate her Spanish into English.

The victim said she is depressed. She’s scared to leave her house and lost her jobs.

The defense called two of Martinez’s sisters and his wife. They testified that Martinez was a good father and husband. He went to church regularly, but he had problems with alcohol and loneliness because his wife and child were in Mexico.

“You can’t blame alcohol,” Newman said during closing arguments, adding that the defendant was sober enough to wear a mask.

Mark Williams, Martinez’s defense attorney, argued that the case was a tough one for the court to consider. He said Martinez had no history of similar crimes and strong support from his family.

“It all shows there is something to be salvaged here in Mr. Martinez’s life,” Williams said. “Unfortunately, Mr. Martinez did not check his problem ahead of time.”

Williams asked for a nine year and 11 month sentence.

Martinez did not look at the victim or any of his family members as they testified. He covered his eyes with one hand, kept his head down and his eyes on his lap.

After Milam gave his sentence, the defendant’s family held each other outside the courtroom while the tile floor amplified their sobs.

“It is unfortunate that (his family members) also have to pay a price for the defendant’s actions,” Milam said after hearing closing arguments. “(The victim) has done absolutely nothing wrong. This is not her fault.

“I hope that at the conclusion of this proceeding, she will find some comfort and closure.”

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Reader Reactions

Flag Comment Posted by OsoGrande on November 04, 2009 at 9:53 am

‘But Senor Judge, I have this alcohol problem and I am am very lonely, you understand? And I even go to church!‘

If I were a judge, those lame excuses would constitute contempt of count.

Flag Comment Posted by Harvey on November 04, 2009 at 6:44 am

I am sorry for the victim but are either of these people legal residents of the US. If not send them back where they came from. Now she is unable to work and will be another person on the system. Imagine that.

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