Carlos Andres López

Las Cruces Sun-News

LAS CRUCES — A retired Border Patrol agent pleaded no contest Monday to a pair of fourth-degree criminal sexual penetration charges involving a young female relative who he once was cared for as a foster child.

Orlando Gomez, 42, of Galisteo Loop in Las Cruces, entered the pleas before state District Judge Fernando R. Macias in 3rd Judicial District Court.

As part of a plea bargain, Gomez pleaded no contest to two counts of fourth-degree criminal sexual penetration of a minor between 13 and 16 years old. In exchange for the pleas, prosecutors dropped two charges against Gomez.

Gomez was taken into custody after Monday’s hearing and was transported to the Department of Corrections to begin a court-ordered 60-day diagnostic evaluation.

He will be sentenced after the evaluation.

Deputy District Attorney Daniel Sewell, of the 3rd Judicial District Attorney’s Office, said he will argue for the maximum sentence of three years in prison.

Prosecutors also will seek to have Gomez register as sex offender.

Gomez was arrested on Aug. 5, 2016, by Las Cruces police. At the time of the alleged crimes, he was employed as a field officer with Border Patrol, court records show. But he has since retired, according to prosecutors.

A Customs and Border Protection spokesman for the El Paso Sector did not immediately respond to questions.

During Wednesday’s brief hearing, Sewell said Gomez began “grooming” the victim “for a sexual relationship” at age 12, when she started living with him and his wife as a foster child. Gomez subjected the girl to years of inappropriate touching and advances before their relationship turned sexual, Sewell said.

Sewell said the girl eventually “gave into” Gomez's advances after he threatened to kill himself if she refused.

In statements given to police, the girl said she and Gomez began having sex in June 2014, court records show. They continued having sex on a weekly basis until December 2015.

The girl estimated that she and Gomez had sex “20 to 30 times” in locations that included his home, hotels and while on vacation in Texas, according to court records.

In one instance, Sewell said, Gomez had picked up the girl after a high school dance, took her to a hotel and had sex with her.

Court records also revealed that the two also had exchanged explicit text messages. In one message, Gomez wrote, “I ruined you I took your innocence I live with a lot of guilt.”

In entering the no-contest pleas, Gomez did not admit to any of the allegations, but he also did not wish modify any of the facts as outlined by Sewell.

Jail records show Gomez spent about three days jailed at the Doña Ana County Detention Center after he was arrested. He was released on a $20,000 secured bond.

Carlos Andres López can be reached 575-541-5453, carlopez@lcsun-news.com or @carlopez_los on Twitter.