More on Almaguer

Inside a courtroom brimming with tearful adults, Mono County Superior Court Judge Mark Magit sentenced former Mammoth Lakes’ daycare provider Guadalupe “Lupe” Almaguer to four, 15 years to life sentences to be served consecutively, for a total sentence of 60 years to life in prison, the maximum Magit could impose. Each sentence represents one of the four young female victims that Almaguer admitted to sexually molesting over the years when the children were placed in his care.

Currently in his late fifties, Almaguer is expected to spend the rest of his life behind bars. He was arrested on Oct. 5, 2010 pursuant to an arrest warrant for two charges against him. By December, two more victims had come forward and Almaguer pleaded guilty to four counts of lewd and lascivious acts upon a child under the age of 14 (288 PC). All four of the victims had been juveniles and under his care when the abuse occurred. Since Almaguer had molested more than one victim his case was reviewed under the one-strike law, which allows harsher punishment for the abuser. A fifth victim had also come forward during the proceedings but after Almaguer’s plea. While Almaguer was not charged for this victim, the evidence was allowed to be used when weighing his sentence.

A somber Almaguer entered the courtroom on Tuesday with downcast eyes, avoiding the glares of the community members present. As he sat down he was breathing heavily. His hair had grown longer and the ends dipped below the collar of his Mono County Jail jacket. He listened quietly as Judge Magit reviewed the case and what had led him to his sentencing decision.

Almaguer’s legal counsel David Hammon had asked that the sentences be allowed to be served concurrently, meaning Almaguer would have been up for parole after 15 years. Hammon attested that after 15 years, Almaguer would be less of a threat because he had no prior record and would be in his seventies by that time.

However, because of the exploited trust, the multiple victims, and the fact that the molestation occurred over many years, Magit believed Almaguer one of the most dangerous types of pedophile.

“He built up trust and used that trust,” Magit explained, adding that Almaguer not only betrayed his victims, but the entire community who had seen him as a trustworthy daycare provider.

Deputy District Attorney Todd Graham touted Almaguer as a “molester masquerading as a saint … one of the worst kinds of criminals.”

“There is no other greater trust than a daycare provider,” Graham added. He claimed that Almaguer should not be given any leniency for admitting his guilt because it was not until after the DA’s office had presented him with an overwhelming amount of evidence against him that Almaguer pleaded guilty.

“He deceived the community for over two decades,” Graham said.

Graham reviewed what the victims had been through; using only their initials to identify one victim from another even though most of the victims are now adults. He explained that the girls were made to give “return acts” to Almaguer after he had performed acts on them. Often, Almaguer was even bold enough to molest his victims while other children in his daycare were napping and in the case of two of the victims, made one sit in the room while he molested the other.

The fact that most of the children in Almaguer’s daycare over the years had not been molested led Magit to believe that Almaguer’s indiscretions had “planning and sophistication,” making them even more reprehensible.

“You chose victims that you believed would go along with it and wouldn’t tell,” Magit explained to Almaguer.

According to written confession documents from Almaguer, he felt confused by what he had done.

“I loved the kids and knew they loved me, so I took it to the next level,” Magit quoted Almaguer as having written. “Every time I think about it, it hurts my heart and my stomach” read another quote.

Following Magit’s ruling, family members of the victims were given a chance to speak. Only one woman, who preferred not to be named in order to protect the identity of her children, read a prepared statement.

“The Town of Mammoth Lakes had an evil person in our midst for many years … I despise you Lupe and hope you spend the rest of your life in jail.”

Almaguer was also allowed to make a statement and managed to choke out his apologies to the victims and their families for losing their trust, stating that he hoped the victims could still follow their dreams.

“I am truly sorry,” he said.

As Almaguer was taken away by Mono County Sheriff’s, one member of the audience shouted “Rot, you piece of garbage!” Those in the audience applauded Magit’s decision after Almaguer had been removed from the room.

Almaguer will be placed at a correctional facility in Tracy, Calif. He will be required to pay restitution to his victims, which will be taken from any earnings he collects in prison.

The following is a letter from a parent who was unable to speak at the sentencing in Bridgeport on Wednesday.

This man who stands before you asking for mercy is no man. He is a monster. Nine years ago, Lupe Almaguer manually sodomized my son who was then 2 1/2 years old. Even though my son was able to fully verbalize both being sodomized and in what manner due to several circumstances being a lack of actual physical evidence, he being at such a young age at the time of the assault, and most fortunate of all, a great outcry of community support for this man, Mr. Almaguer was allowed to continue to watch and victimize our children, both boys and girls, blindly entrusted into his care. How many of our children has he truly violated? He is a master manipulator. He has forever scarred the innocence of so many of our children, of their adult lives and future relationships to come, and of our current family lives.