A Scotts Bluff County District Court jury is now deliberating the fate of 19 year old Kobe Paez, after getting his first degree sexual assault case shortly after 10 this morning following closing arguments.
The 19 year old Paez is charged with first degree sexual assault of a 14 year old girl and enticement by an electronic communication device.
County Attorney Doug Warner told the jury that even though the testimony from the victim indicated she and the defendant were interrupted not very far into the alleged sexual act, penetration no mater how slight, is all the state needed to prove. Warner also emphasized that Paez had the responsibility as a 19 year old to know that the victim was not 17 as she may have represented and make no mistake that she was a minor. Warner also emphasized the sexual conversations between the two on Instagram showed the defendant’s intent was to have sex with the victim and proved he was guilty of enticement.
Defense Attorney Sterling Huff said it was “hypocritical” to hold Paez to a standard that he should have known the victim was a minor when she represented herself as 17 throughout their conversations. Huff said the two never did anything more than kiss before they were interrupted in the victim’s Aunt’s backyard and that there was no medical or DNA evidence to support first degree sexual assault.
DNA analyst Joe Choquette testified the victim’s DNA was the lone source of DNA that he found during his testing of five items sent from a sexual assault kit. Choquette said he didn’t test the defendant’s DNA because he had no male DNA from his testing to compare it to.