A Goshen man will serve 12 years in prison after having sex with a child in Warsaw.
Eduardo Lozano Maldonado, 33, 308 S. 8th St., Goshen, was charged with sexual misconduct with a minor, a level 4 felony; and child solicitation, a level 5 felony.
Maldonado was sentenced in Kosciusko Superior Court I on Thursday.
For sexual misconduct with a minor, Kosciusko Superior Court I Judge Karin McGrath sentenced Maldonado to 12 years in the Indiana Department of Correction. Maldonado also received a five-year sentence for child solicitation, with the entirety of the sentence suspended on probation. Both sentences will be served back-to-back.
In total, Maldonado received a 17-year sentence, with 12 years executed and five years suspended on probation.
He has 19 days of jail time credit and must register as a sex offender. A no-contact order between Maldonado and the victim remains in effect.
Maldonado must also pay $9,704.95 in restitution to the victim's mother for therapy expenses.
Since Maldonado pled guilty to the charges without the benefit of a plea agreement, he intends to seek an appeal.
At sentencing, Chief Deputy Prosecuting Attorney Dan Hampton noted the case revolved around internet use and emphasized the struggle families have in determining what age is appropriate for a child to have a cell phone with internet access.
"The victim suffered mental distress through this conduct by an internet predator," said Hampton.
Hampton noted the child's mother posed as her child online after becoming aware of Maldonado's behavior.
"Eduardo Maldonado jumped at the opportunity to have another chance with the victim," said Hampton. "But when he came back, the police were waiting on him. Eduardo has very deviant sexual behaviors and needs to be placed where he cannot endanger other children. For the safety of the community, he must be incarcerated for as long as possible."
Hampton also read a statement from the victim.
"You don't have control over me anymore," read the statement. "I finally have peace. After everything you put me through, I am stronger. You are the lowest tier of a person ... you don't deserve to be free but do deserve prison."
Defense attorney Jay Rigdon requested a six-year sentence for Maldonado, noting Maldonado's limited criminal history. He also noted the type of crime was "run-of-the-mill" based on the charges.
McGrath noted four additional criminal cases were filed against Maldonado while he was out on bond in the sexual misconduct case. She listed several reasons for Maldonado's sentence, including the "nature, extent and depravity of the offense, continuing criminal behavior and the disregard of others' safety."
Affidavit Of Probable Cause
On Sept. 23, 2021, a Kosciusko County Sheriff's Office deputy responded to a report of sexual misconduct with a minor that happened on July 31, 2021. A woman said she found messages between Maldonado and a child, which led the woman to believe the child had a sexual encounter with Maldonado.
The child was interviewed at Safe Harbor Child Advocacy Center on Sept. 27, 2021. According to court documents, the child said Maldonado contacted them via Snapchat. They said Maldonado knew how old they were and that they had communicated online from February 2021 until they met in-person in July 2021.
During the interview, the child said they sent a photo of themselves in their underwear to Maldonado.
On July 31, 2021, Maldonado drove to the child's home and took them to a parking lot in Warsaw, where inappropriate conduct occurred. The child said Maldonado had sexual intercourse with them.
On Oct. 1, 2021, the woman who discovered the communications between Maldonado and the child said she reactivated the child's Snapchat account and messaged Maldonado while posing as the child. Maldonado agreed to meet with the child again after those conversations and went to the child's home on Oct. 3, 2021, where he was contacted by law enforcement.
Maldonado told officers he met the child on Snapchat and believed they were 18 years old. He said he kissed the child on the cheek and that no other contact occurred.
Electronic messages between Maldonado and the child were provided to law enforcement. In the conversations, Maldonado admitted to having sexual intercourse with the child and gave specific details about the sexual encounter. In the communications, Maldonado expressed his wishes to have further sexual encounters with the child. He also sent an inappropriate photograph of himself to the child and asked the child to send him nude photos multiple times.