Tucson, Arizona - A federal grand jury in Tucson returned an indictment against Hernan Ramirez-Orteja, 43, of Honduras, for three counts of abusive sexual contact that allegedly occurred while he was residing on the Gila River Indian Nation near Phoenix, Arizona.
The indictment alleges that Ramirez-Orteja fondled the adult victim on three occasions without her consent. Ramirez-Orteja is already in federal custody on a June 29, 2011 indictment involving a separate victim. That indictment alleges that Ramirez-Orteja sexually assaulted a minor who is a member of the Tohono O’Odham Nation, located near Tucson, Arizona.
A conviction for abusive sexual contact carries a maximum penalty of up to 10 years in prison, a $250,000 fine, or both. In determining an actual sentence, Judge David C. Bury will consult the U.S. Sentencing Guidelines, which provide appropriate sentencing ranges. Judge Bury, however, is not bound by those guidelines in determining a sentence.
An indictment is simply a method by which a person is charged with criminal activity, which raises no inference of guilt. An individual is presumed innocent until competent evidence is presented to a jury that establishes guilt beyond a reasonable doubt.
The investigation preceding the indictment was conducted by the Tohono O’Odham Police Department and the Federal Bureau of Investigation. The prosecution is being handled by Micah Schmit, Assistant U.S. Attorney, District of Arizona, Tucson.