Benton County judge denies retrial for convicted rapist of girl, 10

BENTONVILLE — A Benton County circuit judge Friday denied a request for a new trial for a former employee of the Northwest Arkansas Children’s Shelter who was sentenced to life imprisonment for raping a 10-yearold girl.

A jury found Hunter De La Garza guilty of rape in January. Ben Catterlin, De La Garza’s attorney, filed a motion seeking a new trial for his client.

Judge Brad Karren presided over a hearing Friday on the request.

Catterlin described his client’s conviction as a travesty of justice. Catterlin said he believes prosecutors made improper comments at the trial which influenced the jury’s guilty verdict.

De La Garza, 24, was accused of raping the girl — a shelter resident at the time — in a restroom during an outing at Pinnacle Hills Promenade Mall in Rogers on Feb. 2, 2021.

Prosecutors presented testimony from another girl, who was staying at the shelter, that De La Garza had sexual contact with her. Catterlin said prosecutors, in closing statements, referenced De La Garza preying on the second girl.

Catterlin said there was no evidence presented at the trial his client preyed on her. Catterlin said the only evidence presented at trial was De La Garza had changed the second girl’s diaper.

Catterlin said the comments inflamed the jury and led to the guilty verdict. He said the jury’s responsibility was to determine what happened to the 10-year-old girl and his client wasn’t on trial for raping the other girl.

“When you have an underage girl on the stand, the jury is already inflamed,” Catterlin said.

He said a jury inherently wants to believe a child, and it’s an uphill battle for the defense. There were 10 to 12 instances where prosecutors made improper comments that could have inflamed the jury, Catterlin said.

Joshua Robinson, senior deputy prosecutor, said prosecutors hadn’t committed any improper acts. Robinson said the jury was the fact finder, and the panel had to determine what happened to the second girl.

Robinson said he didn’t think any of Catterlin’s concerns shifted the burden from the prosecution to the defense.

Karren denied the request for the new trial on each of the issues Catterlin addressed in court.

The judge found the prosecutors’ arguments weren’t improper and didn’t inflame the jury.

De La Garza, who is being held in the Varner Unit in Gould, will appeal his conviction. He attended Friday’s hearing by videoconference.