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Las Cruces Man Convicted of Rape, Out on Bond

LAS CRUCES, N.M. – Today, District Attorney Mark D’Antonio announced that a jury has found a Las Cruces man guilty of raping a family member.   

After a two-day trial, Mario Lopez, 61, was convicted of one count of criminal sexual penetration, a third-degree felony. The incident happened in December 2015 on the 1200 block of Picacho Avenue in Las Cruces, NM.  

D’Antonio applauded the jury's decision and said, “Rape cases are always difficult but the victim’s testimony helped secure today’s conviction. As a result, the defendant will have to register as a sex offender for the rest of his life.”

After reading the verdict, Chief District Judge Fernando Macias gave the defendant a $15,000 unsecured bond and ordered him to turn himself into the detention center on Monday to be evaluated.  

Prosecutors with the 3rd Judicial District Attorney’s Office argued vehemently for the judge to reconsider and stated that a convicted rapist should not be released on an unsecured bond because he is a danger to the community and a flight risk.      

D’Antonio also said he was “disappointed” that a convicted rapist was released on an unsecured bond.  

During the trial the victim testified that the defendant forced her to engage in oral sex. The victim tried calling for help but when she dialed 911 the defendant threw the phone off the bed. Still, prosecutors were able to use the recording which documented the aftermath of the assault and the victim crying.   

A sentencing date will be scheduled after a 60-day diagnostic evaluation of the defendant. Prosecutors said they plan on asking for the maximum sentence possible, which is three years in prison.

Information from Third Judicial District Attorney's Office