No jail for 13 people charged in inmate sex crimes

• Thirteen employees get probation after facing felony charges of sexual contact with inmates they supervised in custody
• Two victims are suing, claiming they were forced to have sex or perform sex acts on public workers
• A Maricopa County Attorney's Office spokesman says plea bargains are the norm and result in convictions

Thirteen people who supervised state prisoners have been charged during the past four-and-a-half years with felonies for having sex or sexual contact with an inmate or parolee.

Prosecutors in every case agreed to plea deals that reduced those charges, allowing probation and no prison time for the defendants, court records reviewed by The Arizona Republic show. Most of the defendants were state correctional officers.

Those records show that all the employees were charged in Maricopa or Pinal counties, where prosecutorial agencies have tough-on-crime reputations. Prosecutors in all 13 cases dropped one or more of the serious felony charges — which in nearly all cases could have resulted in more than two years of prison per charge — in exchange for a guilty plea to either a misdemeanor or the lowest-level felony (class 6).

Those who pleaded to a class 6 felony had the charge "undesignated," meaning that after sentencing and probation, a judge could change the felony record to a misdemeanor. 

The state of Oregon last year handled a similar type of case differently: Two female jail workers were sentenced to three to four years in prison, respectively, for having sex with the same inmate.

A veteran defense attorney questions whether an average Arizonan would have received the same deals in Maricopa and Pinal counties. Two victims who alleged they were raped or forced to perform oral sex while in state custody accused the Maricopa County Attorney's Office of giving their assailants favorable deals. Those two, who have served their sentences and are out of prison, are suing the state and seeking monetary damages.

Both said in interviews that prosecutors did not consult them about the plea bargains, which they normally would with most other crime victims. Neither was allowed to address the court at the respective sentencing hearings because both  were in custody at the time.

Arizona's Victims’ Bill of Rights, which became part of the state Constitution 25 years ago, guarantees victims the right to be heard at any court proceeding. But the law does not apply to inmates — even if they also are crime victims.

County Attorney Bill Montgomery, whose office handled 11 of the 13 cases, declined to be interviewed by The Arizona Republic.

Other officials for the Maricopa and Pinal county attorneys' offices said the defendants in each case were treated no differently and were allowed to plead down to lesser charges and avoid prison because they had no prior criminal convictions. They added that the sentencing outcomes likely would have been the same had the cases gone to trial.

"Going to trial is a risk for both sides," said Jerry Cobb, Montgomery's spokesman. "If we lose, there is no chance to charge them again."

But Larry Hammond, a defense attorney since 1980 and a former federal prosecutor, said he was surprised all 13 cases resulted in probation.

"In a few years, these people won't really have any remaining consequences of the convictions," Hammond said. "I think some people would find it quite stunning that a person in a position of trust who has control over another person could engage in sexual assault, plead guilty to it, and not only not go to prison, but wind up with a misdemeanor. … It's a pretty slight touch."

The two women who are suing agreed.

"The only way to make change is to hurt them (state) in a place that means something," said one of the women who says in her lawsuit that she was sexually assaulted numerous times while on a prison work crew in Goodyear. "Nobody cares, and that's the gist of it. … You have to do something (sue) to make them look at you as a person and make your voice heard."

The Republic is not identifying the woman at her request because she was a victim of a sex crime.

Another former inmate, a transgender woman, said she had no problem being publicly identified and hopes her civil case will bring to light sexual-assault problems she faced within state prisons.

"It is systemic," said Asia Sebert. "I want to hold people accountable."

Andrew Wilder, a Department of Corrections spokesman, said sexual criminal misconduct between correctional officers and inmates is rare and swiftly dealt with by the agency.

"Criminally crossing the line that exists between staff and inmate is something the Arizona Department of Corrections absolutely does not tolerate," Wilder said. "Sexual conduct with an inmate is a serious criminal act and is treated as such by the department. It jeopardizes the safe, secure and orderly operation of the institution and puts other employees, inmates and the public at potential risk."

Ten of the 13 defendants were employed by Corrections. The others worked for a private prison, a juvenile corrections facility and the city of Goodyear, respectively, with the latter supervising a female inmate work crew.

Wilder said the guards involved are a fraction of the 6,200 correctional officers who "perform their jobs with professionalism and honor each day on behalf of the citizens of this state."

Civil suit alleges sexual assault

One of the civil suits involves Eric Gomez, who supervised a female inmate work crew in Goodyear. He was charged in 2011 with six counts of unlawful sexual conduct with a person in custody.

Gomez was accused of sexually assaulting a female inmate on three separate occasions between January and April 2011. His DNA was found in the victim, according to court records.

Gomez initially denied the allegations, telling investigators the victim must have obtained his DNA after he masturbated inside a portable restroom.

The Maricopa County Adult Probation Office, which routinely prepares pre-sentence reports to assist the court in sentencing, found that Gomez forced his victim to perform oral sex on him and he had forcible intercourse with her while supervising her on the prison work crew. The report goes on to say that instead of protecting the public, Gomez "abused his position and he remains a risk to the community."

Yet, a probation officer agreed to no prison time and a sentence of 10 years supervised probation as part of Gomez's plea deal. He pleaded guilty to two counts of attempted unlawful sexual conduct with a person in custody, class 6 felonies.

Gomez last year tried to get the length of his probation reduced. Montgomery's office opposed it.

Deputy County Attorney Margaret Wu responded in court records that the sex acts in a van, a portable toilet and a work site were "rapes." She noted that as part of his sex-offender probation, Gomez admitted to having sex with the victim and to taking pictures of her nude. She noted Gomez consistently denied the sexual encounters were forced.

Maricopa County Judge Pamela Gates denied Gomez's request for reduced probation, ruling "the ends of justice will not be served by terminating Mr. Gomez’s 10-year probation grant after merely three years of supervision."

An attempt to reach Gomez through his attorney was not successful.

The victim has sued Gomez, the state and city of Goodyear. She claims she was sexually assaulted, suffered emotional distress and had her civil rights violated.

Gomez denied the allegations in civil court records. And the state and Goodyear have denied liability.

The woman said none of the sexual acts was consensual and that she was in constant fear of Gomez.

"I was outside of the prison on a work crew. I couldn't run away," the woman said in an interview with The Republic. "If I would have run away, I would have been charged with escape. If I had fought back, I would have been charged with assault."

Ex-inmate says complaint met with skepticism

Sebert also is suing the state, saying she was forced to perform oral sex on Correctional Officer Anthony Villavicencio.

Villavicencio in 2014 was charged with one count of unlawful sexual conduct with a person in custody. He was accused of taking Sebert from her cell and having sexual contact with her in a restroom. Villavicencio pleaded guilty to attempt to commit unlawful sexual conduct with a person in custody and was placed on four years probation.

Villavicencio could not be reached for this story, but told investigators the sex was consensual.

Sebert disputes that. She also said in an interview that Corrections officials initially didn't believe her story, but she was able to prove Villavicencio had sexual contact with her because his DNA was on her clothing.

Sebert filed suit last November, alleging that in addition to being forced to perform oral sex, she was forced to show her breasts to Villavicencio, whom she claims also let other inmates into her cell to sexually assault her. Sebert's suit contends she suffered emotional distress and had her civil rights violated.

"You are like property in there," Sebert said. "And, if you are defiant property, you are a problem."

Felony cases pleaded down

According to court records, the other 11 cases involved:

• A female correctional officer who was sentenced to 18 months probation. After being charged with having sex with a male inmate, she pleaded to an aggravated-assault charge and resigned.
• A female correctional officer was sentenced to 18 months probation. She was charged with having sex with a male parolee, but pleaded to attempted unlawful sexual conduct and resigned.
• A female correctional officer who was sentenced to one year of probation. She was charged with having sex with a male parolee, but pleaded to attempted unlawful sexual conduct and resigned.
• A female private correctional officer who was sentenced to two years of probation. She was charged with having sex with a male inmate, but pleaded to attempted unlawful sexual conduct and resigned.
• A female correctional officer who was sentenced to two years of probation. She was charged with having sex with a male inmate, but pleaded to attempted unlawful sexual conduct and resigned. 
• A female correctional officer who was sentenced to two years of probation. She was charged with having sex with a female parolee, but pleaded to attempted unlawful sexual conduct and resigned.
• A male correctional officer who was sentenced to one year of probation. He was charged with having sex with a female parolee, but pleaded to attempted unlawful sexual conduct. He had previously retired.
• A male correctional officer who was sentenced to one year of probation. He was charged with having sex with a female parolee, but pleaded to attempted unlawful sexual conduct and resigned.
• A male correctional officer who was sentenced to three years of probation. He was charged with having a female inmate give him oral sex, but pleaded to attempted unlawful sexual conduct and resigned.
• A male correctional officer who was sentenced to three years of probation. He was charged with having sex with a female parolee, but pleaded to attempted unlawful sexual conduct and resigned.
• A male juvenile correctional officer was sentenced to 10 years of probation. He was charged with having sexual contact with a minor (who was a female inmate), but pleaded to attempted child abuse with sexual motivation. He was fired.