Serving the High Plains
Serving the High Plains
TUCUMCARI — A Tucumcari man last week received a conditional discharge from jail and 18 months of supervised probation in a plea deal struck regarding his sexual-assault case.
Jorge Cosme, 39, pleaded no contest in Tucumcari district court March 23 to a lesser charge of attempted criminal sexual penetration in the third degree.
Cosme initially was charged with three counts of criminal sexual penetration by force or coercion, a third-degree felony that could have led up to three years in prison and up to a $5,000 fine.
He had been accused of sexually assaulting a 19-year-old Colorado woman as she visited a friend in Tucumcari last summer.
Cosme’s case had been scheduled to go to trial in early April. District Attorney Timothy Rose said Cosme, who appeared during his hearing by videoconference, had been incarcerated since June and faced “a high likelihood” of being deported from the United States.
An earlier pretrial motion by Rose stated Cosme appeared to be in the United States illegally and that U.S. Immigration and Customs Enforcement had a hold against him.
Rose, stating facts of the case affirmed by both sides, said Cosme on June 6, 2020, forced the woman onto a bed, removed her clothing and had sex with her though she told him repeatedly to stop. Cosme admitted to having sex with her but said it was consensual. Rose said New Mexico State Police had gathered sufficient evidence to corroborate the victim’s allegations.
Rose said the victim supported the plea agreement. He said she was willing to testify if the trial occurred, but mounting anxiety and stress as the date approached made her more amenable to the plea deal.
Cosme’s attorney, Nancy English, disagreed with Rose’s assertion the case against her client was strong.
“This is a case of he said, she said,” English said.
English said Cosme had no criminal background except for a misdemeanor case years ago, and he owned a home and business in Tucumcari.
District Judge Albert Mitchell Jr., in addition to sentencing Cosme to 18 months of supervised probation, ordered him to have no contact with the victim or witness and that he report to a probation officer within 24 hours of being released from jail. Cosme was required to pay court costs associated with his case.
Cosme also is required to enroll in a 12-month domestic violence program because of what Mitchell said were Cosme’s issues with sexual consent.
Mitchell said Cosme would be required to register as a sex offender if he failed to meet the conditions of his probation.
Cosme, speaking through an interpreter, did not comment as the sentence was issued.
Two hours before the sentencing, Cosme said, “I don’t think I’m guilty, but I don’t think I can continue with the case.”
Mitchell then recessed the case so Cosme could confer more with English about the plea deal.
