11/05/12 — Father to spend 84 years in prison

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Father to spend 84 years in prison

By John Joyce
Published in News on November 5, 2012 1:46 PM

A man charged with raping his daughter was convicted by a Wayne County Superior Court jury Friday.

Gustavo Gaspar, 36, 906 Pecan Road, was immediately sentenced to more than 84 years in prison.

His lawyer said he would appeal.

"The state presented no physical evidence. All it takes these days is a statement made to the Department of Social Services," defense attorney Charles Gurley said.

Gaspar was charged with rape of a child by an adult, statutory rape, taking indecent liberties with a child and first-degree sexual offense.

Assistant District Attorney Donya Strong presented the case against Gaspar, arguing that the victim's statements to school officials, to sheriff's deputies and to doctors at an abused children's advocacy center were consistent.

A receipt was also presented from the Carolina Motel, where Gaspar had taken the girl after signing her out from school. The school ledger also was admitted as evidence.

Gurley argued that no physical examination to test for evidence of rape had been done by the physician's assistant. But the physician's assistant testified that since it had been more than 10 to 15 days since the last incident occurred, there would have been no traces left.

Gurley filed motions to suppress evidence ,and even sought to have the case dismissed at times and for various reasons, but, after hearing both the prosecution and defense on the motions presented, Judge Arnold Jones denied them each time.

Once the final verdict from the jury was read by the clerk, Jones spoke briefly before he sentenced Gaspar on each of the five counts.

"You were the one she looked to most, not only for the basic things like food and clothing ... but for love, and flowing from that, trust, and from that, confidence," Jones said.

Ms. Strong said she was pleased with the outcome.

"I'm grateful. I'm pleased that the jury was able to wade through the all the days of testimony and witnesses and come to the truth," she said.

The Sheriff's Office took immediate custody of Gaspar and Social Services took custody of the child, whose mother is deceased.