NEW BOSTON, Texas -- A Malta, Texas, man was found guilty Wednesday of indecency with a child by sexual contact involving a girl who was 10 when she told a family member about the abuse.
A Bowie County jury is expected to return to court Thursday morning to hear testimony and arguments concerning the punishment Leonardo Delgado should receive in the range of two to 20 years in prison. Delgado, 67, turned down an offer from the state to plead guilty and receive a sentence of 15 years.
The victim, now 12, testified that she decided to confide in an older female relative after seeing Delgado getting closer to a cousin who was about the same age she was when Delgado began touching her inappropriately while watching television or on four-wheeler rides.
After an egg hunt in April 2020, the girl made an outcry that led to an investigation by the Bowie County Sheriff's Office resulting in the indecency charge.
Delgado, who is related to the girl by marriage, testified under questioning by Texarkana lawyer Michael Friedman that he thinks the girl's mother coached her into making the allegations out of spite. He also suggested that the victim was motivated to lie because he'd once told her to restrain her dog, which often growled at him.
The victim testified that the dog was a friendly, except to Delgado.
Under cross-examination by Assistant District Attorney Katie Carter, Delgado persisted in his claim that the victim was mad at him over a dog, was probably coached by her mother and that she mistook him grabbing a television remote control for sexual touching.
Texarkana Children's Advocacy Center forensic interviewer Maureen Fletcher testified that the victim showed hesitancy in disclosing details but may have come forward because she worried her cousin could suffer the same fate. Carter cited testimony by the victim and Fletcher in her closing argument.
"What she saw reminded her of what her childhood had become. She wanted to protect her cousin. Can you imagine the bravery it takes for a 10-year-old to come forward when she wasn't ready," Carter said.
Friedman argued that there simply wasn't enough evidence to convict and that "innocent acts" were being interpreted to appear sinister.
The jury deliberated a couple of hours before returning a guilty verdict. Fifth District Judge Bill Miller placed the jury in an evening recess with instructions to return to the Bowie County courthouse Thursday morning for the punishment phase of Delgado's trial.
A sentencing verdict is expected Thursday.
Leonardo Delgado, in pink, confers with his lawyer, Michael Friedman of Texarkana, Wednesday in a hallway at the Bowie County courthouse. A jury found Delgado guilty of indecency with a child by sexual contact and is expected to decide what punishment he should receive Thursday. (Staff photo by Lynn LaRowe)