Man not guilty in child sex abuse trial
26-year-old acquitted in case where toddlers contracted gonorrhea
A San Antonio man who had been accused of sexually assaulting two toddlers who contracted gonorrhea was found not guilty Friday by a Bexar County jury.
Adrian Vigil, 26, took a deep breath, closed his eyes and nodded his head at the jury after visiting Judge Philip A. Kazen read the panel’s verdict in Felony Impact Court.
Jurors began deliberations around noon Thursday and were released about 5 p.m. without reaching a verdict. They returned at 8:30 Friday morning, delivering the verdict a few hours later.
Vigil declined to comment as he left the courtroom.
“I think we had an extremely smart, attentive jury, and they took their time with evidence and testimony,” said David Woodard, Vigil’s attorney.
Prosecutors Steve Speir and Brittany Byrd referred questions to the Bexar County District Attorney’s Office, which did not return calls.
Vigil was 23 when he was arrested and charged with two counts of super aggravated sexual assault of a child after medical examinations found two girls he knew and had contact with, ages 1 and 3, had tested positive for gonorrhea, a sexually transmitted disease.
The children’s mother testified that the children were believed to
have been assaulted sometime in October 2015. She said Vigil was never alone with her children.
Child Protective Services investigated the case, and a caseworker testified that she was suspicious because Vigil withheld information from the agency regarding his
own sexual assault and changed some of his responses to questions, which gave them “reason to believe” he could have assaulted the toddlers.
In closing arguments Thursday, Speir and Byrd reiterated what they had told the jurors in opening statements: to pay attention to CPS testimony that Vigil wasn’t honest. They also pointed out that although the children’s mother
had tested positive for the disease, Vigil was the only person with the disease who had contact with the children.
Woodard maintained from the start that the state’s case was based on nothing but assumptions and that the children could have been exposed to the sexually transmitted disease in other ways, not just from Vigil. He reminded the jury that the children’s mother
told authorities she never left her girls alone with the man and reiterated that in her testimony.
“At the end of the day, there wasn’t enough evidence to convict Adrian, and the jury came up with the right resolution,” Woodard said.
This was a retrial for Vigil, who initially went to court in April. Those proceedings ended in mistrial because the defense wasn’t
told beforehand, as required, about evidence the prosecution presented in court.
Kazen told Vigil that he could have his record expunged and have the charges sealed since he was acquitted. It was unclear Friday afternoon whether he planned to do that.
Defendant Adrian Vigil, 26, was found not guilty on two counts of super aggravated sexual assault on a minor.