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Goliad man receives 5-year sentence for indecency with child
by Coy Slavik, Advance-Guard Editor
Jul 01, 2014 | 1680 views | 0 0 comments | 14 14 recommendations | email to a friend | print
GOLIAD – Eleazar Luna was handed a five-year prison sentence and $1,000 fine by District Judge Stephen Williams on Tuesday for three separate indictments of indecency with a child under 17 by exposure, which is a third-degree felony.

Assistant District Attorney Terry Breen was seeking a 25-year sentence for the 51-year-old Luna, who was found guilty of all three indictments on May 21.

The indictments alleged Luna engaged in inappropriate sexual conduct with a 9-year-old Goliad girl. Luna faced a penalty of 2 to 10 years in prison and a fine of up to $10,000 on each charge.

Luna immediately filed for an appeal bond and could be released as soon as Tuesday. Breen said he expects the appeal process to last one to two years before Luna begins serving his sentence. Luna was still in custody at the Goliad County Jail as of 3 p.m. Tuesday.

Defense attorney Brent Dornburg called 13 character witnesses, including three daughters and one son of Luna and Luna's girlfriend. Dornburg requested Luna receive five years probation.

The family of the 9-year-old girl moved next door to Luna in August 2011. Breen said the girl became acquainted with Luna and went to his house several times. According to the girl's testimony, Luna exposed himself to the girl during the summer of 2012. Breen said the girl testified how Luna fondled himself on another occasion while she exposed herself to him.

Breen said the girl quit going to Luna’s residence in November 2012. According to Breen, the girl made inappropriate sexual comments to a schoolmate, who informed a teacher. Breen said the girl’s principal called her in and the girl explained what had happened to her at Luna’s residence.

Breen called Corpus Christi Police Department computer forensic investigator Pat Patterson as a witness Tuesday. Patterson investigated the contents of Luna's iPad and said 30 percent of the "cookies" he found on the computer were from pornographic websites. Patterson said Luna was the only listed user of the iPad.

The girl, who sat in the courtroom Tuesday and sobbed during the testimony, said Luna showed her the TV series "Jersey Shore" before showing her soft pornography and offering her the use of sex toys.

Dornburg called Jeff Pozzi of the Victoria County Probation Office to the stand. Breen asked Pozzi about the stages of "grooming" that sexual predators use when trying to gain the trust of children.

"It starts as showing books, movies," Pozzi said. "It's gradual. They don't use sexually explicit material at the outset. It leads up to that stage."

"This was a classic case of 'grooming' this child," Breen told Williams. "It was stopped soon enough before the ultimate act.

"What he did was extraordinarily evil. She was just his toy. He used her. … He is not a nice person. The people who think he is nice don't know his dark side."

More on this story coming to mySouTex.com.



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