The attorney for a 22-year-old Lincoln man who lied about his age while befriending two underage girls then sexually assaulted them asked for probation at his sentencing Tuesday.
Defense attorney Carlos Monzón said he believed Emanuel Chavez’s case was different than many first-degree sexual assault cases, because of his closeness in age with the victims and unsophisticated nature.
“This is an individual that has expressed remorse, has expressed sincerity as to that remorse and shame as to what he has done to the victims in this case. And I believe that is something that should not be taken lightly,” Monzón said.
He said Chavez has been in treatment for nearly a year.
“What he did was inexcusable. But what we need to look at as a society is what … is better for society in this case,” Monzón said, asking for probation with the possibility of waivable jail time so Chavez could continue working and getting treatment.
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Moments later, the prosecutor said she respectfully disagreed.
“We have here today an individual that every parent, caretaker and law enforcement officer wants behind bars in order to keep the youth of our community safe,” Deputy Lancaster County Attorney Julie Mruz told the judge in front of a courtroom of supporters on both sides.
She said not only did Chavez sexually assault two young girls, but he was attempting to lure a third “into his trap.”
“If it weren’t for law enforcement, it may have happened a third time,” Mruz said.
In an affidavit for a search warrant, a Lincoln Police investigator said Chavez had sexually assaulted a 13-year-old girl twice, filming it once, and a 14-year-old girl and he was sending sexually explicit photos to a third girl, who was 13.
He’d met all of them online and told one girl he was 18, when he was 20, and two others he was 16.
Chavez ultimately pleaded no contest to first-degree sexual assault, enticement by electronic device and possession of child pornography for his actions.
In court Tuesday, Mruz said Chavez has a problem and fortunately he’s dealing with it through treatment. But that didn’t take away from what he has done and who he has hurt.
“Mr. Chavez is a predator. His M.O. is to prey on young females, lie about his age, bring them to his home and have sexual intercourse with them,” the prosecutor said.
In the end, Lancaster County District Judge Susan Strong said while Chavez had no criminal history and lots of letters from supporters, his crimes involved young children who he surely knew were too young to consent to sex and occurred over several months.
“So this was not a momentary indiscretion,” she said. “These assaults were premeditated and intentional.”
And the victims’ lives have been permanently damaged and altered by his actions, the judge said.
“These is nothing I can do to repair that damage. I wish there were,” Strong said, sentencing Chavez to 28 to 37 years in prison.
eet Bobi. He’s perhaps not as quick on his feet as he used to be as a pup. But over the years he’s learned to take his time with life. At the grand old age of 31 the Portuguese cattle guard dog holds the record for the world’s oldest dog. Bobi lives on a farm in the village of Conqueiros in Portugal with his owner, Leonel Costa and four cats. He was born on 11th May 1992, when Costa was just 8 years old That makes him a whopping 217 years old in dog years. And his secret? Just like us, it’s good food, fresh air and lots of love.
Most dangerous cities in Nebraska
Dangerous Cities in Nebraska
See how your hometown ranks among the most dangerous cities in Nebraska. Ratings have been determined according to the number of violent crimes per 1,000 people in cities of at least 10,000, with violent crime being classified as murder, forcible rape, robbery and aggravated assault. The numbers are for 2019, the most recent year for which the FBI provides data.
6. South Sioux City
With 30 violent crimes in 2019 and a population of 12,771 (the smallest on our list), the city in northeast Nebraska had 2.35 violent crimes per 1,000 people.
Photo: An RV park in South Sioux City on the Missouri River.
5. Scottsbluff
The city of 15,862 had 53 violent crimes for a rate of 3.34 per 1,000 in 2019.
Photo: Gering Police Officer Jordan McBride talks with Scottsbluff Police Officer Michael Modeac as he puts up crime scene tape at the scene of an armed standoff in Scottsbluff in June 2021.
4. North Platte
With a population of 23,705 and 89 violent crimes, the city had a rate of 3.75 per 1,000.
Photo: Union Pacific train engines line up outside a service building in North Platte.
3. Lincoln
The Star City had a population of 291,128 with 1,115 violent crimes, a rate of 3.83 per 1,000.
Photo: Police in Lincoln investigate a shooting near the intersection of 14th and E streets in August 2019.
2. Grand Island
With a population of 51,821 and 236 violent crimes, the largest of the Tri Cities had a 2019 rate of 4.55 per 1,000 people.
Photo: Grand Island police and State Patrol personnel investigate after a body was found in a Grand Island yard in August 2020.
1. Omaha
In 2019, the state’s largest city at 470,481 people had 2,833 violent crimes for a rate of 6.13 per 1,000.
Photo: Omaha police and University Police guard the entrance to the Nebraska Medicine Emergency room after an Omaha police officer was shot at Westroads Mall in March 2021.
A note about the numbers
With eight violent crimes in 2019, Boys Town topped the state at 13.82 per 1,000 people, which is a misleading stat because it only had a 2019 population of 579.
Photo: The statue at the entrance to Boys Town. It doesn’t take much to skew the numbers.
Reach the writer at 402-473-7237 or lpilger@journalstar.com.
On Twitter @LJSpilger
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