Man ad­mits to child rape in Pottstown

The Mercury (Pottstown, PA) - - FRONT PAGE - By Carl Hessler Jr. chessler@21st-cen­tu­ry­media. com @Mont­coCourtNews on Twit­ter

A 34-year-old man who may not be a U.S. ci­ti­zen is fac­ing jail time and pos­si­ble de­por­ta­tion for child rape.

NORRISTOWN >> A Pottstown man po­ten­tially faces prison time and de­por­ta­tion from the U.S. now that he’s ad­mit­ted to sex­u­ally as­sault­ing an un­der­age girl in the bor­ough.

With the as­sis­tance of a Span­ish in­ter­preter, Car­los Mal­don­ado-Or­tiz, 34, for­merly of the 500 block of King Street, pleaded guilty in Mont­gomery County Court on Thurs­day to a felony charge of rape of a child in connection with in­ci­dents that oc­curred be­tween 2013 and 2015. Judge Gar­rett D. Page de­ferred sen­tenc­ing so that court of­fi­cials can com­plete a back­ground in­ves­tiga­tive re­port about Mal­don­ado-Or­tiz, who hails from Gu­atemala.

At the time of the in­ci­dents, which oc­curred in Pottstown while the girl was in Mal­don­ado-Or­tiz’s com­pany, the girl was be­tween the ages of 12 and 14, au­thor­i­ties al­leged.

“Cer­tainly any­time you are talk­ing about the sex­ual abuse of a child it’s deeply trou­bling but of course in this case it also in­volved an abuse of trust,” said county As­sis­tant District At­tor­ney M. Ste­wart Ryan, al­leg­ing Mal­don­ado-Or­tiz vi­o­lated the trust that was placed in him to care for the girl while she was in his com­pany. Dur­ing the hear­ing, de­fense lawyer R. Em­mett Mad­den re­minded Mal­don­ado-Or­tiz that if he is de­ter­mined to be an un­doc­u­mented im­mi­grant his im­mi­gra­tion sta­tus could be af­fected by his con­vic­tion.

“It’s more than likely you will be de­ported by virtue of your plea,” Page warned Mal­don­ado-Or­tiz, who com­mu­ni­cated that he un­der­stood the ram­i­fi­ca­tions of his guilty plea.

Tes­ti­mony re­vealed that U.S. Im­mi­gra­tion and Cus­toms En­force­ment has filed an im­mi­gra­tion de­tainer against Mal­don­ado-Or­tiz. In the event that de­por­ta­tion pro­ceed­ings do pro-

ceed against Mal­don­adoOr­tiz, he would have to com­plete any U.S. sen­tence be­fore he is de­ported.

Mal­don­ado-Or­tiz faces a pos­si­ble max­i­mum sen­tence of 10 to 20 years in prison on the charge. How­ever,

state sen­tenc­ing guide­lines could al­low for less jail time de­pend­ing on the re­sults of the back­ground in­ves­ti­ga­tion.

“We will be ask­ing for a sig­nif­i­cant state sen­tence so that he can be held to ac­count for his ac­tions,” said Ryan, who leads the district at­tor­ney’s sex crimes pros­e­cu­tion unit.

Prior to sen­tenc­ing,

Mal­don­ado-Or­tiz also must un­dergo an eval­u­a­tion by the Penn­syl­va­nia Sex­ual Of­fend­ers As­sess­ment Board, which will de­ter­mine if he meets cri­te­ria un­der state law to be clas­si­fied as a sex­u­ally vi­o­lent preda­tor.

Those clas­si­fied as preda­tors face more strin­gent re­stric­tions un­der state law, in­clud­ing manda­tory

coun­sel­ing and com­mu­nity no­ti­fi­ca­tion about their hous­ing ar­range­ments.

Re­gard­less of the state board’s even­tual find­ings, Mal­don­ado-Or­tiz faces a life­time re­quire­ment to re­port his ad­dress to state po­lice if he re­mains in the U.S.

An in­ves­ti­ga­tion of Mal­don­ado-Or­tiz be­gan in

April 2015 when the girl dis­closed to oth­ers that Mal­don­ado-Or­tiz had sex­ual con­tact with her while she was in his com­pany on five oc­ca­sions be­tween 2013 and 2015 in Pottstown. Mal­don­ado-Or­tiz al­legedly told the girl “this was a game,” ac­cord­ing to the crim­i­nal com­plaint filed by Pottstown De­tec­tive Heather Long.

Mal­don­ado-Or­tiz also pleaded guilty to a charge of driv­ing un­der the in­flu­ence of al­co­hol in connection with an un­re­lated July 2016 in­ci­dent. State po­lice at Skip­pack al­leged Mal­don­ado-Or­tiz had a blood-al­co­hol con­tent of 0.17 per­cent at the time of the in­ci­dent on Route 422 in Lim­er­ick, more than two times the le­gal limit of 0.08 per­cent.

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