A man who went into a girl's bedroom and inappropriately touched her as she laid in bed will avoid prison time as long as he complies with the terms of his probation.

Esau Efron Gijon Martinez was sentenced Friday morning in Natrona County District Court to five years of supervised probation with an underlying four and a half- to five-year prison sentence.

Judge Daniel Forgey also ordered Martinez to undergo a psychosexual evaluation, obtain substance abuse treatment, complete the felony program at the Casper Re-Entry Center and apply for and complete the intensive supervision program.

Martinez will also have to pay $5,370.07 in restitution for counseling services for the victim. He previously pleaded guilty to one count of third-degree sexual abuse of a minor as part of a plea deal.

Under that plea deal, the state agreed to recommend Martinez serve no more than five years in prison.

Assistant District Attorney Brett Johnson told the court Martinez had been roommate's with the victim's sister when he went into the victim's room one night and asked the victim if she thought he and her sister made a good couple.

He reportedly rubbed her feet and then ran his hand up one of her legs, squeezing her right buttock and then rubbing her inner thigh. The victim later told police Martinez "didn't touch [her] area," referring to her vagina.

The victim said she had been terrified, "like having an asthma attack," according to an affidavit. She was afraid Martinez would hurt her.

She told Martinez to stop. He laughed and left the room.

"I treated him like my own son," a family member of the victim said at Martinez's sentencing hearing Friday. "I trusted this man with my child and he touched her inappropriately."

"We couldn't protect her," the woman concluded.

Johnson asked that Martinez be sentenced to serve the four and a half- to five-year prison term, arguing that probation is not appropriate in such a case.

Public defender Robert Oldham said Martinez was under the influence of alcohol, cough syrup and possibly methamphetamine at the time of the assault.

"I see that as somebody who has put themselves in a position where they're going to make some really stupid and really devastating decisions," Oldham said.

Assistant District Attorney Brett Johnson said the case was about a sex offense, not Martinez's issues with substance abuse.

"Millions of people around the world are drunk every day, and they don't do this to little girls," Johnson told the court.

Oldham added that Martinez stands to be deported, having come to the United States as a baby. He speaks no Spanish, Oldham said.

Martinez said he plans to return to college after serving his sentence and addressing his struggles with addiction.

"At the time, I didn't realize how broken and mentally unstable I really was," Martinez said. He apologized to the victim and her family.

Forgey, before handing down the sentence, noted Martinez lacks a significant criminal history.

Martinez will remain incarcerated at the Natrona County Detention Center until he is accepted at the Casper Re-Entry Center, where he will remain in custody once accepted.

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