BY MAIRE O’NEILL
maire@losalamosreporter.com

Editor’s note: The content of this article may be disturbing to some readers.

First Judicial District Judge Anastasia Martin on Friday granted a conditional discharge with three years of supervised probation on charges of criminal sexual penetration of a minor aged 12 – 16 and contributing to the delinquency of minor, both fourth degree felonies. Under the terms of a plea agreement with the state, Cavasos agreed to plead guilty to both charges.

A third charge of abandonment or abuse of a child was dismissed as part of the agreement. The abandonment or abuse of a child charge relates to Cavasos allegedly placing a gun to his head and pulling the trigger in front of the child on December 28, 2025, at his Los Alamos residence.

Elizabeth Counce, senior trial attorney for the First Judicial District Attorney’s Office told the Court she needed to go on record that due to the seriousness of the nature of the charges in case there is a violation of the terms of probation. She said that if the conditional discharge is revoked Cavasos he has agreed that he would be convicted on the charges and that he would have to provide a sample of biological material sufficient for DNA testing.

“He shall have no contact, and I do mean no contact with the alleged victim in this case or her mother…or her siblings or other children of her mother and no contact with Tim Pacheco or Kyrina Deschamp,” Counce said.

Under the terms of the plea agreement, Cavasos is not to attend any functions or child sporting events for participants from K-12th grade. He is to continue to participate in counseling for his PTSD, substance abuse and any other mental health treatment advised by his providers and will continue in those treatments as advised by his providers.

The maximum punishment for each of the charges is 18 months in prison and $5,000 in fines. If Cavasos was to be convicted he would have to register as a sex offender for 10 years.

Addressing the Court, Counce said in this case, Mr. Cavasos was the cousin of a 15-year old female, that they had a close relationship through her father’s side and that Mr. Cavasos used that relationship to become very close to the victim. Counce said Cavasos provided the victim with alcohol on multiple occasions, one of which the state could prove, but he would give her alcohol and they would get drunk together. Counce said the victim has a controlled substance issue and that Cavasos contributed to that considerably. She said as the relationship continued further, Cavasos began to become more and more sexual with the victim. She gave details of Cavasos inviting the victim to his home where the criminal sexual relations happened while both Cavasos and the victim were intoxicated. She said the victim was 15 years old and Cavasos was 36 at the time, and that Cavasos knew that he was more than four years older than the victim.

Judge Martin asked if the victim and her family were supportive of the agreement Counce responded that they are. She noted that the mother of the child had written a victim impact statement, which Counce read into the record. She said the victim is the one who wanted the agreement and her mother supported her.

“It’s an imperfect solution to a very tragic and imperfect situation that happened. The victim asked for this and that’s why it is being done so quickly. This case came before the Court within the last month with a waiver of the arraignment and an immediate request for this plea,” Counce said.

The mother’s letter said the worst fall-out from Cavasos’s abuse is the victim’s destroyed self image and confused conception of love.

“You come from a family that allows physical abuse and protects child sexual predators but you know what you were doing was wrong. Your actions will shape the rest of her life and contaminate future romantic relationships. There is no punishment harsh enough to answer the question that you sent her when you were supposed to have no contact; ‘Am I the monster everyone says I am?” You are!” the letter stated.

Counce told the Court the reason Cavasos cannot have contact with Pacheco or Deschamp is that the victim is a child that was abused by multiple people. She explained their relationship with the child and that they are both currently under indictment. She said at this time. Cavasos knew exactly what he was doing.

“This victim actually thinks they are in love…. These sorts of things sometimes happen with 15-year old girls, “Counce said. “She asked for this plea because she wants him to get help. She keeps saying how much she cares about him, that he was good to her, but the truth of the matter is that he needs to get help.”

Counce said she is sure that Cavasos himself has “a lot of different kind of things within that family”.

“That does not give him the right to think that he can be in a relationship with a 15 year-old… The number reason she wanted this is to get him the help that he needs while she’s getting the help that she needs. The victim has told us that she really wants to move on and get herself into a better place with her life. When her mother says no punishment is harsh enough, as a mother I absolutely believe that she believes that, but as a mother she realizes that this is what her daughter wanted and that this is in the best interest of the state,” Counce said.

Counce referred to text messages Cavasos wrote to the victim when he was not supposed to be having contact. She said Cavasos was asking the victim, “Why is this happening? I love you.’ She said that is a problem.

“I hope you don’t continue to make poor choices but it you do, I want you to know I’m going to ask for prison. If this particular conditional discharge that the victim asked for us to do for you – if you can’t do it for yourself, I will ask for you to go to prison,” Counce said.

She reiterated that ifCavasos loses the conditional discharge, she is going to ask for him to be in prison. She said if he loses the conditional discharge, the criminal sexual penetration charge will be considered “a serious violent offense”.

Counce noted that the victim’s mother is very conflicted over the entire situation “with three people in a web of abuse for a child that was 15”. She said the case is a very, very sad case and that she hopes the victim is right, that Cavasos has the redeeming ability to change his life.Cavasos’s attorney said Cavasos is getting ready to head to treatment in Tucson, Ariz. in May, that he is taking steps and that “he does take this seriously”.

Cavasos told the court that he apologizes “for being in this situation”.

“I never meant for all of this to happen. I want to take responsibility and move on.” he said.

In granting the conditional discharge, Judge Martin told Cavasos he gets “one in a lifetime”. She explained that if probation is violated the sentences on the two charges would run consecutively.

“You are not to have any sort of contact and I can’t be any more clear about this…. No written contact, no social media contact, no personal contact, no contact through other parties. You don’t reach out to anyone and ask them to make contact; you are not to have any further contact with the victim for the duration of your probation sentence,” Judge Martin said.

She noted that it was concerning to hear Cavasos say that he apologized for “being in this situation,

“You created this situation and I do appreciate that you’re here today and you’re here early on in the process taking accountability, but you created this situation. It’s not a situation you stepped into, Judge Martin said.

She said by all accounts from the state, he had chosen a vulnerable teen he’s related to and “engaged in this kind of activity and so it’s not being in the situation” .

Judge Martin said, “It’s a situation you created yourself by your action”.

She said it’s concerning to the court to hear that Cabasos was on conditions of release and that he violated them, disregarding court orders.

“It’s not a good indication of how you’re going to perform on probation. It’s very concerning to the court, quite frankly. If you continue to have contact you’re going to be looking at three years in the Department of Corrections,” Judge Martin said.