Ex-Worker at Group Home Convicted of Sex Charges

A jury convicted a former worker at a Lemon Grove board and care home Monday of five felony sex charges involving two retarded men.

The speed of the jury’s verdict against Roberto Gaxiola, 40, surprised attorneys on both sides of the case. Jurors discussed the case for about three hours before reaching a decision.

Gaxiola was found guilty of oral copulation, sodomy and sexual battery on a retarded 30-year-old man. Gaxiola was also convicted of committing oral copulation and sexual battery on a second retarded man, who is 29.

Because of the men’s mental impairment, consent was not at issue because they could not give legal consent for sex, according to the jury instructions. Both victims testified at the trial.

Gaxiola worked at the Mount Vernon Group Home before he was arrested in August.

San Diego Municipal Court Judge William Woodward scheduled sentencing for Jan. 7.

Deputy Dist. Atty. Lori Koster said Gaxiola could receive eight years in prison on each oral copulation and sodomy charge and four years on each sexual battery count.

Gaxiola’s attorney, Fred Corbin, said the jury appeared too quick to reach a decision. “He has no prior record of any kind. I’m hoping the court will consider a probationary sentence,” Corbin said.

“He said he never touched these guys,” Corbin said, noting that Gaxiola testified that he didn’t work at the facility in January, when one victim said he was sodomized. “He’s pretty shook up right now. He’s never been in any amount of trouble before.”

Corbin said Gaxiola would appeal.

Gaxiola hasn’t been able to post bail of $250,000 since his arrest. The judge Monday ordered him held without bail.