ALBUQUERQUE, NM (KRQE) - Three small children said he raped them, but that man may never face charges for any of it. News 13 has learned the illegal immigrant may be incompetent to stand trial. Juan Gonzalez's lawyer said his client should get a get out of jail free card, so he can go live in Mexico.
Gonzalez was 13 when he told investigators he raped a little boy and a little girl. Then last year the 20-year-old admitted to raping another child inside a popular Albuquerque gym. A terrified 6-year-old girl attacked inside the playroom at the Midtown Sports and Wellness.
"He held hand over his mouth so she couldn't scream," Albuquerque Police Deputy Chief Beth Paiz said in May when Gonzalez was arrested. "He could hear the child say stop, stop, stop."
Gonzalez's criminal case for rape is at a standstill.
"The issue of competency was raised so that basically stops the case," District Attorney Kari Brandenburg said.
Gonzalez is being sent to Las Vegas, to the state's mental hospital for criminals.
"If he can't be treated to competency he can't stand trial, that would be unconstitutional," said Brandenburg.
Gonzalez's attorney wouldn't speak on camera but said he's pushing for Gonzalez to be deported with the promise he won't come back. His attorney said his family wants to take him back to Mexico.
The D.A.'s office says releasing Gonzalez could put more children at risk.
"That's not a solution, shipping him back to Mexico, losing track of him and then having him cross the border at some unknown time," said Brandenburg.
Gonzalez never stood trial for the previous rape cases as a juvenile because he was deemed incompetent and released to his parents. The D.A.'s office said if Gonzalez isn't competent, it will push for the court to criminally commit him. That would mean he'd stay in the mental facility in Las Vegas for the same amount of time he would have served if he were convicted of the rape charge. That could be up to 18 years.
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