Sex offender receives probation, set to be deported

A Honduran national who was found guilty by a Havre jury of sexually assaulting a 13-year-old girl received four years of probation and is being released to authorities for possible deportation.

Eblin Javier Caceres-Martinez, born in 1996, received a four-year commitment to the Department of Corrections, all suspended, for sexual assault, a felony.

District Judge Daniel Boucher said the reasons for the sentence are “based upon circumstances and … takes into consideration his young age, circumstances of offense” and that he is a good candidate for community service.” The minutes also say a report by a Great Falls psychologist Shawn Abbott — “who believes he is a low risk to reoffend and may be reasonably treated in a community setting” — was the primary reason for the decision.

Martinez’ attorney, Lindsey Lorang, will prepare an order for his release, so he may be released to the authorities for the immigration detainer, minutes say.

District court minutes say family members of the victim were at the hearing but declined to say anything, as did Martinez.

The offense happened Oct. 14.

Martinez drove to the Havre Community Skate Park to meet with the girl, whom he had communicated with on Facebook.

Martinez, 19 at the time, was working construction in Havre and told the girl he was 17. She was 13 but told him she was 14.

While in his pickup at the park, the girl said she wanted to stay with her friends but  Martinez slammed her door shut and drove her outside the city limits to Saddle Butte. Martinez then pulled onto the side of the road and began touching the girl inappropriately. The girl told Martinez to take her back to the park and protested his touching her.

Police were notified after the two came back. Officers noticed bruising around the girl’s chest and swelling around her lip area.