Teodomiro (Teo) Esquivel was sentenced for a Category B felony Child Abuse Neglect or Endangerment on July 13, 2021. This case involved purchasing alcohol for minors and sexual assault towards a minor.
Esquivel was sentenced to a minimum sentence of 96 months and a maximum sentence of 240 months with credit for time served in the amount of 16 days.
At the previous arraignment hearing, Esquivel pleaded no contest and accepted a plea deal. During the victim impact statement given at the sentencing hearing, the victim tearfully expressed how seeing Esquivel “smile, laugh, and plead no contest” left her and her family without a sense of justice.
While on the witness stand, the victim utilized her impact statement to retell the events that occurred during the night in question. Out of respect and care for the victim and their family, these shared details as well as the victim’s identity have been intentionally omitted from this article.
Esquivel’s defense attorney opened the case by addressing the court ordered psychosexual evaluation:
“The question that courts are concerned with, at least in my opinion, are risks to the community. The whole function of the court is to protect the community. So, we look purely at his risk factor and we look at the risk assessment in this case that was set up by the Division of Parole and Probation. She had the background. She had the whole file: the good, the bad, the ugly. She concluded that he falls in the low-risk category.” Esquivel’s defense attorney stated in his opening statement to the court.
The defense also chose to focus on Esquivel’s struggles with alcoholism, calling Esquivel’s sister and brother to the stand as character witnesses. Through the questioning of the defense attorney both the witnesses outlined how Esquivel has worked towards sobriety since the charges were filed against him.
In response to this approach, Humboldt County District Attorney Kevin Pasquale, gave the following opening statement:
“We’re not here because Mr. Esquivel used to be a drunk. We’re here because (of abuse toward) a known but unnamed female juvenile against her will or under conditions he knew or should’ve known she was incapable of resisting. That is why we are here,” Pasquale said.
In his further argument, the prosecution called the court to focus upon the previously given statements by both the victim and Teo Esquivel, which were both available in the Precinct Investigation Report.
“Just that one page hand written statement from the defendant contradicts the psychosexual evaluation,” Pasquale continued. “In his statement, what’s he talk about? He says well it’s the victim's fault. Well, it’s my friend's fault. Well, I didn’t do nothing but if I did, I quit drinking so that’s finished. Because it was also the booze’s fault. What’s not in his statement, judge, his handwritten statement is any feeling of remorse. Is any acceptance of responsibility. Balance this story from those statements. I think it becomes clear this is not a difficult sentencing. This is a sentencing that demands 96 to 240 (months).”
In his allocution to the court Esquivel did not address the charges directly.
“I just want to apologize to the victim sincerely. Whatever, um, I’m sorry I just don’t have the words but from the bottom of my heart I’m sorry for my actions. I realize I have a problem and I want to apologize to my family for putting them in this situation. Um, I guess I’d love to have a second chance in life. Prove everybody wrong and move forward,” he said.
The court accepted Esquivel’s no contest plea and ruled as follows:
Esquivel was ordered to pay $3 DNA Collection Fee, $25 Administrative Assessment Fee, $150 DNA Analysis Fee, $1,350 for Psychosexual Evaluation Fee. Total fees to be paid amount to $1,528.
The court further ordered that in addition to any other penalties provided by law, lifetime supervision to commence after any period of probation or any term of imprisonment. The sentence of lifetime supervision must begin upon release of incarceration. The court also ordered Esquivel to register as a sex offender within 48 hours of sentencing or release from custody.
“This is and these are extremely difficult cases for everyone involved. This case involved a child. This isn’t acceptable. The court will order that the defendant will be taken into custody to carry out this sentence,” Judge Michael Montero said in closing the case.
