Gonzalez faces 36 years in mental hospital

Updated: Monday, 02 Jul 2012, 6:02 PM MDT
Published : Monday, 02 Jul 2012, 6:02 PM MDT

Scott Daniels Scott Daniels

ALBUQUERQUE (KRQE) - An illegal immigrant, accused of raping two children, wanted a judge to ship him back to Mexico with the promise that he'd never return.

In the end, the judge decided Juan Gonzalez has already had his second chance and that sending him back to Mexico would just put kids in danger there.

Gonzalez admitted to raping two toddlers when he was 13-years-old.

The District Attorney said because Gonzalez wasn't mentally competent to stand trail then, the juvenile courts dismissed the case.

Gonzalez who is now 22-year-old, is in District Court for another rape.

Gonzalez was picked up at the Midtown Sports and Wellness in May of 2010 for raping a random 6-year-old girl in a children's playroom, while her mother was working out.

Gonzalez's mother worked at the gym.

Because he's incompetent, Gonzalez will never see a traditional prison cell. He faces 36 years in a mental hospital for the criminally insane in Las Vegas, New Mexico.

That's how much time he faced if convicted at trial, but his lawyer wanted less.

"He is never going to be released to this society. He's never going to be released to the United States. Whenever this case terminates, however it terminates, he will be deported," said the attorney for Gonzalez.

He will be deported because he is here from Mexico, illegally.

Gonzalez's attorney argued that it would cost the state $3 million to keep him in the hospital. He asked the judge to send Gonzalez back to Mexico and his parents promised to go with him.

The judge didn't accept the offer.

"It appears through allegations in the indictment that the defendant, Gonzalez, is a serious threat to young children. Granting a motion will put other children at risk," said District Judge Ross Sanchez.

Gonzalez's parents were at the hearing and the judge decided that they already had their chance to look after their son.

The District Attorney's office said the expert who evaluated Gonzalez's competency and noted that Gonzalez didn't put forth his best effort during the testing in hopes to get out of prison time.

Gonzalez's criminal commitment trail is set for August, when a judge will decide if he should get the 36-year sentence in a mental hospital.

Rapist, illegal immigrant not deported