A 16-year-old Deer Park girl did not want to have sex with a sheriff’s deputy but was too intimidated to say no, the girl’s attorney said Friday.
The girl, who has not been identified, accuses Gary Alvarado of having sex with her in the front seat of his patrol car on Nov. 16.
Alvarado, who has been on paid administrative leave since midDecember, denies the allegations.
“My client is denying any kind of sexual activity, or any kind of … inappropriate activity,” said Alvarado’s attorney, Carl Oreskovich.
Oreskovich would not comment further and Alvarado has refused to talk to the media.
An assistant prosecutor announced Tuesday that the deputy will not face criminal charges. Alvarado still may be disciplined if an internal review shows the girl is telling the truth.
A deputy was fired in 1992 for repeatedly having sex in a patrol car with his girlfriend. While those encounters were consensual, the 16-year-old was not a willing participant with Alvarado, said her attorney, Scott Everard.
“This was non-consensual sex. However, she did not say ‘no’ or ‘stop,”’ Everard said. “She didn’t feel she had a choice.
“He’s in full dress uniform. He’s wearing a gun. He’s got handcuffs. He’s wearing a badge … You put yourself in her place.”
Sheriff’s investigators say Alvarado arrested the girl near the North Division Y on suspicion of auto theft and for stealing gasoline. The girl also was listed as a runaway.
There was no room in the county’s juvenile detention center, so Alvarado volunteered to take the girl home.
Everard said that trip should have taken 40 minutes but instead took 90. Sheriff John Goldman was not so specific, but said in December that “there is a portion of time that’s unaccounted for.”
Everard said he “understands the frustration” of prosecutors who said they can’t find a crime that fits the girl’s allegations. Rape would be difficult to prove, he said, because the girl didn’t say no.
It’s possible Alvarado could be charged with theft of services, if investigators determine he and the girl had sex and that Alvarado was on county time.
Goldman said he didn’t know when the internal investigation will be completed.
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