TUCSON, AZ—On Thursday, June 7, 2012, a
federal grand jury in Tucson returned an indictment against Hernan
Ramirez-Orteja, 43, of Honduras, for three counts of abusive sexual contact
that allegedly occurred while he was residing on the Gila River Indian Nation
near Phoenix, Arizona.
The indictment alleges that
Ramirez-Orteja fondled the adult victim on three occasions without her consent.
Ramirez-Orteja is already in federal custody on a June 29, 2011 indictment
involving a separate victim. That indictment alleges that Ramirez-Orteja sexually
assaulted a minor who is a member of the Tohono O’Odham Nation, located near
Tucson, Arizona.
A conviction for abusive sexual contact
carries a maximum penalty of up to 10 years in prison, a $250,000 fine, or
both. In determining an actual sentence, Judge David C. Bury will consult the
U.S. Sentencing Guidelines, which provide appropriate sentencing ranges. Judge
Bury, however, is not bound by those guidelines in determining a sentence.
An indictment is simply a method by
which a person is charged with criminal activity, which raises no inference of
guilt. An individual is presumed innocent until competent evidence is presented
to a jury that establishes guilt beyond a reasonable doubt.
The investigation preceding the
indictment was conducted by the Tohono O’Odham Police Department and the
Federal Bureau of Investigation. The prosecution is being handled by Micah
Schmit, Assistant U.S. Attorney, District of Arizona, Tucson.
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