An admitted child rapist who was also an undocumented immigrant hailing from Mexico has asked the courts to deport him rather than force him to serve a jail sentence.
Juan Gonzalez, 22, admitted to raping a young boy and a 3-year-old girl in 2005, and she was arrested in 2010 for raping a 6-year-old girl.
Gonzalez was reportedly not deported in 2005, because New Mexico’s Children, Youth and Families Department had a policy of not reporting illegal immigrants who had committed serious crimes to the federal government.
In October 2011, Gonzalez was examined by a state health expert, who stated Gonzalez was unfit to stand trial. However, prosecutors pointed that the health expert did note “Mr. Gonzalez was not motivated to put forth his best effort in this evaluation…he understands enough about the legal system to know that if he were to be determined competent by the court, he would likely be imprisoned.”
Still, last month, Gonzalez’s attorney filed a motion to dismiss claiming his client has a history of head trauma symptoms, including “memory deficit, seizures and other medical problems” resulting from a head injury the age of three.
“[Deportation is] not a solution,” District Attorney Kari Brandenburg told KRQE News 13. “Shipping him back to Mexico, losing track of him and then having him cross the border at some unknown time.”
Despite fears of his return his attorney’s promise Gonzalez will not return to New Mexico or the anywhere else in the U.S., claiming that his parents have agreed to move to Mexico to care for their mentally ill son.
Gonzalez is currently jailed at the Metropolitan Detention Center in Albuquerque.