A Farmington man has been charged with seven counts of criminal sexual contact of a minor after investigators alleged he repeatedly engaged in unlawful sexual contact with his granddaughter over several years, according to an arrest affidavit filed in San Juan County Magistrate Court.
Martin Figueroa-Leal, 61, is charged with seven third-degree felony counts of criminal sexual contact of a minor involving a child younger than 13. All charges are allegations based on court records, and the defendant is presumed innocent unless proven guilty in a court of law.
According to the affidavit, Farmington police responded to a residence on East 23rd Street on July 7 after Children, Youth and Families Department personnel requested assistance during a welfare check prompted by an anonymous report alleging a child was being sexually abused.
Court records state the child told investigators she had been subjected to inappropriate sexual contact by her grandfather for several years and that the most recent alleged incident occurred about two days before officers responded.
According to the affidavit, the child later participated in a forensic interview at Childhaven in Farmington, where investigators alleged she described multiple incidents occurring in different areas of the residence over several years.
According to the affidavit, the child told investigators she decided to disclose the alleged abuse after attending a Jehovah’s Witness convention in Albuquerque, where discussions about inappropriate sexual conduct prompted her to come forward.
According to court records, the child and her grandmother then agreed that if additional abuse allegedly occurred, the child would attempt to secretly record it on her cellphone so there would be evidence for law enforcement and congregation leaders. The affidavit states the child later reported recording three videos depicting separate alleged incidents of sexual abuse.
The affidavit states the child’s grandmother told investigators the child disclosed the allegations before law enforcement became involved. According to investigators, she later viewed the recordings, confronted Figueroa-Leal and sought guidance from Jehovah’s Witness congregation leaders as the investigation unfolded.
According to court records, the grandmother told investigators she sought guidance from two Jehovah’s Witness elders after the child disclosed the allegations and before reporting the allegations to law enforcement and formally cooperating with the criminal investigation.
Investigators later obtained search warrants for the child’s cellphone, the defendant’s cellphone, surveillance recording equipment and other electronic devices from the residence for forensic examination, according to the affidavit.
According to court records, the grandmother told investigators she confronted Figueroa-Leal after viewing the recordings. The affidavit states she alleged he initially denied the allegations but later admitted to sexual contact after she informed him she possessed video evidence.
According to the affidavit, investigators later interviewed Figueroa-Leal after advising him of his Miranda rights. Court records state he allegedly admitted to certain sexual contact with the child while denying other allegations investigators discussed. Detectives included those statements as part of the probable cause supporting the charges, according to the affidavit.
Court records reviewed by San Juan Pulse did not indicate whether Figueroa-Leal had retained legal counsel. He could not be reached for comment.
CHARGES FILED
- Seven counts of Criminal Sexual Contact of a Minor in the Third Degree (Child Under 13)
CASE STATUS
The criminal complaint was filed July 16 in San Juan County Magistrate Court. Court records reviewed by San Juan Pulse did not indicate whether Figueroa-Leal remained in custody or had retained legal counsel.
SOURCE
According to an affidavit for arrest warrant and criminal complaint filed in San Juan County Magistrate Court.
LEGAL DISCLAIMER
All charges are allegations based on court records, and the defendant is presumed innocent unless proven guilty in a court of law.