WILLMAR — The third of three Willmar men accused in a 2017 gang rape was sentenced Thursday.
All three were sentenced to a stay of adjudication in Kandiyohi County District Court. The stay means their convictions for third-degree criminal sexual conduct, a felony, could be purged if they comply with the terms of their probation.
Sergio Jesus Moreno-Leiva, 20, was the third to be sentenced. He was ordered to serve 10 days in the Kandiyohi County Jail and to serve five years probation.
Conditions of probation include undergoing psycho-sexual evaluation and having no contact with the victim or with females younger than 18.
Moreno-Leiva was ordered to pay $685 in fines and court fees.
Alex Omar Valdivieso Chavez, 20, was sentenced to a stay of adjudication in July. He also served 10 days in jail and was ordered to pay $685 in fines and court fees. The terms of his five years of probation were the same.
Jesse Jose Lopez, 19, was sentenced in April and ordered to serve 10 days in jail and five years of probation with similar conditions. He was ordered to pay $710 in fines and fees.
All three men were originally charged in juvenile court, and one by one they were referred to adult court, where they pleaded guilty.
Moreno-Leiva entered an Alford plea, which means he did not admit guilt but agreed there was likely enough evidence to convict him at trial.
Original charges had included first-degree criminal sexual conduct involving use of force causing injury and two third-degree criminal sexual conduct charges — one count for using force/coercion and the other count because the alleged victim was younger than 15 and more than two years younger than the alleged perpetrators.
They all pleaded guilty to the charge having to do with the victim’s age.
According to court records, the girl reported that she had been walking home from summer school when a vehicle approached her, carrying several people she knew. She got into the car, and they went to the home of one of the men.
The men allegedly provided alcohol to the 14-year-old. A group of people were in a bedroom when Lopez and Moreno-Leiva allegedly held her down and took her clothes off. She told authorities that she heard one of the men refer to a “one-time opportunity.”
The girl allegedly told authorities that the three men held her down and sexually assaulted her. The next day she said she was in pain, and it hurt to walk.