Ex-Officer Pleads Guilty in Sex Case

A former Alhambra police officer pleaded guilty in federal court Thursday to violating a motorist’s civil rights by trying to sexually assault her after a traffic stop.

Benny Marquez, 32, faces a possible sentence of six to 12 months in prison under terms of a plea bargain with prosecutors.

Appearing before U.S. District Court Judge A. Howard Matz, Marquez reversed his earlier claim that the sexual encounter was consensual.

Marquez stopped the woman for a traffic violation during the early morning hours of Jan. 25, 2001.

During the ensuing exchange, he told her to choose between being his “friend” or receiving a $500 traffic ticket, Assistant U.S. Atty. Tom O’Brien told the court.

Later that day, O’Brien said, Marquez went to the woman’s home, flashed his badge and tried to force her to have sex with him. He left after she resisted and began screaming.

The woman, a Chinese immigrant who speaks poor English, filed a complaint against Marquez with the Alhambra Police Department.

The seven-year veteran was relieved of duty and then fired after an internal affairs probe.

The victim also sued Marquez and the city in U.S. court, alleging severe emotional injuries and distress. The case was settled for an undisclosed sum.

In November, the Los Angeles County district attorney’s office declined to prosecute Marquez, citing insufficient evidence.

A spokesperson said the prosecutor’s office had considered charging the officer with sexual battery and assault with intent to rape, but decided not to because it was unclear who initiated the sexual contact.

Six months later, a federal grand jury indicted Marquez on two counts of acting under the color of law to deprive the woman of her constitutional rights. One of those counts was dropped under the plea agreement.

Marquez, who is free on bond, and his lawyer, Todd Rash, declined to talk to reporters.

Sentencing was set for Dec. 16.