Barrera takes Alford plea in criminal sexual conduct case
Published 8:11 am Wednesday, July 17, 2019
Andres Subia Barrera Jr., 44, of Austin pleaded guilty to two counts of felony second-degree criminal sexual conduct-victim under 13-actor more than 36 months older on Monday in Mower County District Court.
The plea was submitted as an Alford plea, meaning Barrera maintains he did not commit the crimes while acknowledging the prosecution’s evidence is enough to persuade a jury to find him guilty beyond a reasonable doubt.
Court documents state that the victim reported on Aug. 19, 2017, that Barrera had sexually assaulted her over the previous four years. The victim was 14 years old at the time the abuse was reported.
The victim told police she was about 11-years old when the abuse started, and that Barrera would inappropriately touch her when they were alone. She said she threatened to tell if he did not stop the first time, but he told her “bad things were going to happen” if she did. She also said she would try to push him away, but he would hold her down while he did it.
The victim disclosed the abuse to a friend, who encouraged her to tell someone.
Barrera was tried in November 2018 and June 2019, but no verdict was returned.
The victim spoke to a female relative, who then confronted Barrera about the alleged abuse. Barrera said the victim was “lying,” after which he fled her residence. The relative told police she never suspected the abuse was taking place.
Barrera was tried in November 2018 and June 2019. According to Mower County Attorney Kristen Nelsen, both trials resulted in a hung jury, meaning neither jury was able to reach a unanimous decision.
As part of the plea agreement, two counts of first-degree criminal sexual conduct-penetration of a child under 13, two counts of first-degree criminal sexual conduct-penetration of a child 13-15 years of age-position of authority, four counts of first-degree criminal sexual conduct-penetration of a child under 16-significant relationship, two counts of second-degree criminal sexual conduct-significant relationship-victim under 16 years and four counts of second-degree criminal sexual conduct-significant relationship-victim under 16-multiple acts, all felonies, will be dismissed at the sentencing.
A review of Barrera’s criminal record shows prior convictions for theft, domestic assault and third-degree assault.
Barrera will be sentenced on Nov. 21.