Elizarraraz Sentencing Delayed in Child Sexual Assault Case

Gage Thomas Elizarraraz, in custody, appeared for sentencing in the Tenth Judicial District Court on January 7 before Judge Thomas Stockard. Elizarraraz is facing a charge of Category A Felony of Incest, which he pleaded guilty to on September 10.

Judge Stockard noted for the record that he received Elizarraraz’s Psychosexual Evaluation in which evaluator Dr. Hixon-Brenenstall concluded that Elizarraraz is not at high risk to re-offend, making him eligible for statutorily eligible probation.

Deputy District Attorney Priscilla Baker challenged the evaluation, arguing that it clearly stated that Elizarraraz needed extreme supervision around young children. Baker said he understands that having sex with a minor is illegal but only sees it as wrong because it is against the law. She noted that if granted probation, he plans to live with his mother, who was supervising him while he sexually assaulted a younger relative from ages 6 to 11.

“She is suffering PTSD, she is still having difficulties; she [the victim] has the education level of a second grader, and she has difficulty expressing what she wants,” Baker explained. She argued that Elizarraraz needs to be incarcerated to protect society and requested a minimum five-year sentence.

Defense attorney Charles Woodman, Esq., questioned why the state requested a five-year-to-life sentence instead of a two-year-to-life sentence.

Judge Stockard ordered both sides to submit written arguments for review. Woodman has three weeks to file a brief, with Baker having two weeks to respond. Stockard continued sentencing to February 25.