Sentencing delayed for Chimayó man convicted of raping co-worker
Jan. 10—A Chimayó man convicted of raping a co-worker is now in jail, but his sentencing has been delayed after his attorney argued three of his five convictions should be merged.
"It's certainly clear you are going to be doing time for this. We just don't know how much time at this point," State District Judge Mary Marlowe Sommer told 27-year-old Mario Urquidi-Martinez on Tuesday as she rescheduled his sentencing for Feb. 8.
Jurors deliberated for less than three hours before finding Urquidi-Martinez guilty of three counts of criminal sexual penetration and two counts of criminal sexual contact following his trial in September, Assistant District Attorney Eric Herskovitz said.
He's been out of custody since then and was scheduled to be sentenced Tuesday for his crimes — which expose him to about 17 years in prison.
But defense attorney Arturo Nieto argued two third-degree rape convictions should be merged into one second-degree conviction, which would reduce the maximum possible sentence for Urquidi-Martinez by about six years.
Nieto said in an interview he believes the three convictions are connected to a single act.
Urquidi-Martinez and his victim were co-workers at a hotel in downtown Santa Fe when he assaulted her March 7, 2020, according to court records and previous reports.
The woman told police she, Urquidi-Martinez and two other co-workers had made plans to have drinks after work, but the other two people canceled. She and Urquidi-Martinez went to a restaurant, where she said she had a few drinks.
After they left the restaurant, she said, Urquidi-Martinez offered to give her a ride to her car but then became aggressive in his vehicle. She said she repeatedly told him no, but then went "blank," possibly losing consciousness," according to court records.
The woman told investigators she woke up unclothed from the waist down. Urquidi-Martinez was lying on top of her in the back seat of the car.
A sexual assault nurse examination revealed the woman had external and internal injuries, according to court documents.
The woman appeared in court Tuesday, and a victim's advocate read a statement she'd written.
"This man took advantage of me," she wrote. "I may not remember every detail of that night, but I do remember the aftermath. The worst part has been the depression, anxiety and the paranoia of going out by myself. He robbed me of my personal security. Experiencing these things is lonely."
"I no longer trust anyone anymore," she continued.
The woman asked the judge to give Urquidi-Martinez the maximum sentence.
Five members of Urquidi-Martinez's family spoke on his behalf, telling the court he was a hard worker, reliable friend and loving father.
Urquidi-Martinez did not speak at the hearing. He appeared in court with what looked like fresh abrasions on his face; his attorney later said the injuries were from a piece of sheetrock falling on him.
Herskovitz said a report indicated Urquidi-Martinez had not accepted accountability for raping the woman.
The District Attorney's Office previously offered Urquidi-Martinez a deal that exposed him to zero to nine years in prison, Herskovitz said, but is now asking the judge to hand down the maximum sentence, as recommended by in the pre-sentence report.
