Ryan Santistevan | Poughkeepsie Journal

Wochit

A Wappingers Falls man who broke a woman's back in front of her child before sexually assaulting her during a home invasion was sentenced to 25 years to life in state prison.

Dominique Gomez, 27, on May 22 was found guilty of all charges by a Dutchess County jury, including predatory sexual assault, relating to the Dec. 23 incident in the Village of Wappingers Falls.

During sentencing Monday, Dutchess County Judge Edward McLoughlin referred to the incident as a "horror movie.

"This is someone waking up to a stranger in a mask and choking and violently hurting that person," McLoughlin said.

Courtesy of state police

Gomez was arrested after state and Wappingers Falls police were called to the residence on a report that a man had demanded money after entering her home without permission.

Gomez was absent from the sentencing. His attorney, Steven Patterson, said Gomez claims he is innocent.

McLoughlin called Gomez a "coward" for planning the assault at night, for not stopping his actions in the presence of a child, for running away and for requesting to be absent Monday.

'Chose to do these disgusting things'

The victim attended the sentencing Monday morning to ask McLoughlin to give Gomez a life sentence. It is the Journal's policy to withhold the name of a victim in a crime of this nature.

She said she doesn't believe there is a "just enough sentence" after Gomez was given a second chance following a previous violent crime conviction.

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"(Gomez) was unfortunately given a second chance at freedom and chose to do these disgusting things to me in front of my child with that chance," she said.

Lindsey Richards, Dutchess County assistant district attorney, said Gomez threw the victim down the stairs, which broke her back, and choked her until she was unconscious when she tried to call 911.

"Instead of just leaving he debased this critically woman even further by forcing her to perform a sex act on him," Richards said.

The victim needed emergency spinal surgery. Richards said Gomez broke into the home while the victim and her child were sleeping while wearing a mask, "head covering" and wearing latex gloves.

"What is particularly troubling about this case is not just the sheer violence, brutality and needlessness for the defendant's crimes, but the fact that they were clearly and carefully planned," Richards said.

The victim said her injuries affect her everyday, as tasks such as putting on socks or bending to pick up anything are difficult. She said she can only carry a gallon of milk, which restricts her for carrying and playing with her child.

She said there was more than one bad choice made on Dec. 23:

"Did he stop and leave my house when he realized I was awake and had no money?" No.

"Did he choose to stop and leave my house after he broke my back by throwing me down a flight of stairs? No.

"Did he choose to stop and make the perfect escape after he strangled me unconscious? No.

"Did he choose to stop and leave my house after forcing me to perform oral sex? No."

Reduced sentence for previous crime

In 2014, Gomez was convicted of two counts of second-degree robbery, two counts of second-degree attempted robbery and one count of second-degree unlawful imprisonment. Gomez allegedly robbed and beat a man because he owed his friend money, Richards said.

She said Gomez was sentenced to seven years in prison. However, the appellate courts later reduced his sentence to five years.

"Virtually the minute he was set free, within two-and-a-half months of being released parole, the defendant committed these abhorrent acts," Richards said.

Before giving a sentence, McLoughlin said the fear of the victim and her child didn't stop him nor did hurting the victim stop him from sexually assaulting her.

"I don't know what humanity is left in him," McLoughlin said. "It's soulless. There is nothing to do but to keep him away from everybody else."

'He maintains his innocence'

The case was prosecuted by Assistant District Attorneys Richards and Joelle Morabito-Cruz.

Patterson told McLoughlin that he spoke with Gomez multiple times regarding his presence at the sentencing but that he refused each time.

"He maintains his innocence," Patterson said.

In addition to the predatory sexual assault charge, the 12-person jury unanimously found Gomez guilty of first-degree criminal sexual act, second-degree strangulation, first-degree attempted robbery, burglary and first-degree assault, all felonies; and endangering the welfare of a child, a misdemeanor.

McLoughlin sentenced Gomez with the maximum for each charge, which will run concurrent.

"He said he was railroaded," McLoughlin said in reference to Gomez's feelings about the trial. "... I guess that's what you have to tell yourself when you're a violent rapist because otherwise you have to acknowledge you're a monster."