Man sentenced for criminal sexual conduct
WORTHINGTON -- Whether or not a Worthington man who pleaded guilty to criminal sexual conduct will be allowed to live in the same house as several underage female relatives will be decided during a psychosexual evaluation.
Mario Gabriel Dominguez, 37, who was sentenced Monday, pleaded guilty last month to fifth-degree criminal sexual conduct, a gross misdemeanor. In the plea agreement, two felony criminal sexual conduct charges were dismissed.
The complaint states Dominguez and the daughter of his girlfriend had driven to pick up a movie in February 2008, and on the way home in the car he allegedly began to tickle the girl, then grabbed at her several times.
She told him to stop, but he allegedly continued, then told her not to tell anyone. She told a school official what had happened and law enforcement was contacted. During a controlled call, with an officer listening in, the victim spoke to Dominguez, who allegedly said he was sorry for what happened and that it would not happen again.
When Dominguez was arrested, he declined to make a statement.
Before Judge Jeffrey Flynn pronounced the sentence, he questioned the living arrangements of Dominguez, who lives with a relative who has six children in the house, three of which are minor females.
"The children are of similar age of the victim," stated Nobles County Attorney Gordon Moore.
Moore added that he had not spoken to the probation agent who did the pre-sentence investigation or to the relative with the children.
"I don't know what their position is on him living there," Moore said.
Flynn said one of the conditions he would impose on Dominguez's sentence would be that he undergo a psychosexual evaluation, and the evaluator could ask questions to determine whether or not Dominguez was likely to re-offend.
Before the sentence was ordered, Dominguez's attorney, Louis Kuchera, asked for no additional jail time for his client and a minimal fine.
"He is a man of modest means," Kuchera stated. "He made $25,000 in the past year and lives paycheck to paycheck."
Dominguez did not want to make a statement before sentencing, but Kuchera stated his client had learned his lesson.
Dominguez was sentenced to one year in jail, stayed on the condition he serve two years of probation, undergo the evaluation, pay a $1,000 fine, have no contact with the victim and register as a predatory offender.
"If it is determined he is a menace or danger to the children in the home, he must depart forthwith," Flynn ordered, turning his attention to Dominguez. "Is that clear?"
"Yes," Dominguez replied.
Dominguez has two previous convictions for driving while impaired in Nobles County, and several misdemeanor traffic offenses.