Plea agreement reached for ex-UISD teacher accused of sexual offenses against child

Mercado Mercado Photo: / Photo: / Image 1 of / 26 Caption Close Plea agreement reached for ex-UISD teacher accused of sexual offenses against child 1 / 26 Back to Gallery

The mother of a middle school student who had a sexual relationship with a former United ISD teacher in 2015 testified on Wednesday at the man's sentencing hearing, saying that he was "almost like a son" and that she did not want him to go to prison.

Luis Enrique Mercado, 36, pleaded guilty to indecency with a child by exposure, a third-degree felony punishable by up to 10 years in prison. Mercado was accused of committing a host of sexual offenses against a then-14-year-old student.

The Webb County District Attorney's Office agreed to dismiss the remaining charges on Mercado's 22-count grand jury indictment, including nine counts of indecency with a child by sexual contact, five counts of improper relationship between an educator and a student, four counts of sexual assault of a child, two counts of possession of child pornography and one count of indecency with a child by exposure.

READ MORE: United ISD teacher accused of having sex with a student

Following his arrest in May 2015, he admitted to having sexual contact with the student 22 times over the course of a month, Laredo police said.

While a plea deal was struck, the prosecutors and defense attorneys could not reach an agreement about punishment.

Assistant District Attorney Julia Rubio asked 406th District Court Judge Oscar J. Hale Jr. to order Mercado to serve 10 years in prison.

Roberto and Claudia Balli, Mercado's attorneys, asked the court to sentence their client to probation. They also asked the court to grant Mercado deferred adjudication, which would allow him to have his case dismissed without a conviction on his record if he abides by all the terms and conditions of probation.

'A regular guy'

The student's mother testified as a witness for the defense. She said she wanted Mercado to be sentenced to probation.

"The best thing for my daughter is for Mr. Mercado not to go to prison," she said. "I don't want to see her sad anymore."

From the time Mercado was arrested in May 2015 until about November 2015, the mother said she took her daughter almost on a weekly basis to the Children's Advocacy Center to get counseling. She added that counselors told her not ask her daughter any questions so she wouldn't confuse the child.

The child did not like the therapy sessions and repeatedly asked her not to take her back, the mom said.

The mom said she reached out to Mercado's mom because she wanted to talk to her since she was going through the same situation. They met at a mutual friend's house and became friends, she said.

After meeting with Mercado's mother a few times, the student's mom said she asked to meet Mercado. It was a very emotional meeting, according to her testimony.

The mom said Mercado was polite, honest, remorseful and apologetic. She also described him as "a regular guy."

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"He wasn't the monster that people described him as being on social media," she said.

The two families became close and have a good relationship to this day, the mother testified. She said that the Mercados are her support group and that they opened up their arms to her family.

The families meet regularly for dinner on Sundays after Mass and Mercado and the student's parents attend Adoration of the Blessed Sacrament together once a month, she said. Also, the child's parents and Mercado's parents often go out to dinner together.

Mercado is "almost like a son" and is an "awesome person," the mom testified. She said he made a mistake, but that he was good, humble and very honest.

The mom said that neither her nor her daughter, who is now 17, consider her a victim. She said her daughter is doing well in school and is involved in extracurricular activities.

During cross-examination, Rubio, the prosecutor, asked the mom if she was saying that it was acceptable that a 33-year-old teacher had sex with a 14-year-old student. The mother denied this.

"Do you realize that your daughter was molested by her teacher?" Rubio asked.

The mom hesitated but ultimately answered that she did. She also said that if she had known this was going to happen she would have prevented it.

Autism diagnosis

The defense presented expert witness testimony from a psychologist who evaluated Mercado and a counselor who worked with him.

Dr. Joann Murphey, a forensic psychologist from San Antonio, testified that she evaluated Mercado in January. She took over for another psychologist who had spent significant time evaluating Mercado, but fell ill and is no longer practicing.

Murphey diagnosed Mercado with autistic spectrum disorder and said he also has personality characteristics that complicate the disorder, such as dependent personality and avoidant personality. She said these features make him compliant and self-defeating.

Murphey testified that she spent five hours interviewing Mercado and about six hours reviewing his file. She said she also watched Mercado's videotaped confession.

While reviewing the tape, Murphey said she noticed an unusual incident. Within a few minutes of walking into the room, Mercado asked the interviewer for a hug. She said this was consistent with the autistic process.

Murphey added that she did not think Mercado posed any future danger to others and that prison would magnify his current problems, both neurologically and personality-wise.

"He's kind, he's respectful, he donates his time for stroke victims, he works in the community," she said. "You probably would not meet someone that you would label a nicer person ... This was not a man who was out seeking to be abusive or to use his power or authority over another person for their harm and for his own self-gratification."

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Rubio asked Murphey if she was aware that Mercado had been reprimanded for communicating with students via social media, hugging students in the hallways or sitting with them in the cafeteria. Murphey said she didn't know about this and characterized it as risky behavior but that it made sense given Mercado's child-like tendencies.

"That's his peer group," Murphey said. "I can see him hugging kids all day long."

Additionally, Murphey denied that she knew that Mercado had given the student money to buy her prom dress or that she had gifted her two stuffed animals.

Mark Harris, a certified forensic counselor, testified that he worked with Mercado in a 10-session treatment plan, with the ultimate objective to keep the community safe while the person is awaiting trial.

Harris said that he did not find Mercado to be predatory at all nor that he posed a danger to the community.

The sentencing hearing will resume on May 16.