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Date: 02-19-2021

Case Style:

United States of America v. Damien Dre Gonzales

Case Number: 5:20-cr-00123-H-BQ

Judge: James Wesley Hendrix

Court: United States District Court for the Northern District of Texas (Lubbock County)

Plaintiff's Attorney: United States District Attorney’s Office

Defendant's Attorney:


Criminal Defense Lawyer Directory


Description: Lubbock, Texas kidnapping charge criminal defense lawyer represented Defendant, Damien Dre Gonzales, 27, of Levelland, Texas was charged with kidnapping for abducting a 9-year-old girl from a birthday party.

“No child should ever have to endure the terror of being abducted,” said Acting U.S. Attorney Prerak Shah. “I am thankful for the rapid response of law enforcement to rescue this child and ensure that this defendant will never again victimize children.”

“The FBI and our law enforcement partners are determined to keep the children in our communities safe from danger,” said FBI Dallas Special Agent in Charge Matthew DeSarno. “We will continue working together to hold child predators accountable for their crimes.”

According to plea papers, Mr. Gonzales admitted to abducting a 9-year old girl at a birthday party in Levelland, Texas to engage in illicit sexual intercourse.

During the birthday party in August, a woman began choking and most of the attendees went to assist with her sudden health emergency. While the minor’s father was attending to the woman, Mr. Gonzales lured the 9-year-old away by asking for help carrying alcohol to his vehicle. Mr. Gonzales encouraged the girl to get inside the vehicle and then he drove away.

The girl’s disappearance set off a frantic search by her family and those at the birthday party. They notified law enforcement and replayed home surveillance footage that showed the 9-year-old leaving with Mr. Gonzales.

About that same time, the Levelland Police Department received a report of a vehicle parked in the middle of the street several miles from the location of the birthday party. Mr. Gonzales hit a residential mailbox and stopped in the road. While in the car, Mr. Gonzales sexually assaulted the girl by removing her clothes and touching her.

When law enforcement arrived on the scene to investigate the parked car, they discovered the girl inside. Officers noticed that Mr. Gonzales’ jeans were unzipped, and his belt was unbuckled. Inside Mr. Gonzales’ car was an open box of condoms sitting in the passenger seat and one condom was missing from the box.

Mr. Gonzales faces a mandatory minimum of 20 years in federal prison and up to life behind bars.

The victim was immediately reunited with her parents and provided psychological and medical support.

The FBI Lubbock Resident Agency, Levelland Police Department, and Hockley County Sheriff’s Office conducted the investigation. Assistant U.S. Attorney Callie Woolam is prosecuting the case.

18 U.S.C. §§ 1201(a)(1), 1201(d), and 1201(g)(1) KIDNAPPING

Outcome: 02/17/2021 37 Minute Entry for proceedings held before Magistrate Judge D. Gordon Bryant, Jr: Rearraignment Hearing as to Damien Dre Gonzales held on 2/17/2021. Plea entered by Damien Dre Gonzales (1) Guilty Count 1 of the One Count Indictment. Plea Agreement accepted and filed. Factual Resume filed. The Judge issued the oral order required by Fed. R. Crim. P. 5(f)(l). Written order to follow. MJ recommends : Guilty Plea be Accepted; Order of Recommendation to be Entered; 14 days to Object. Deft Custody/Detention continued. Deft REMANDED to custody. Location interval set to: LC. Attorney Appearances: AUSA - Calandra Woolam; Defense - David Sloan. (No exhibits) Time in Court - :27. (Court Reporter: Mechelle Daniel) (Interpreter N/A.) (USPO Hail.) (bmh) (Entered: 02/17/2021)
02/17/2021 38 REPORT AND RECOMMENDATION ON PLEA BEFORE THE UNITED STATES MAGISTRATE JUDGE as to Damien Dre Gonzales Re: 32 Notice. The undersigned notes that the plea agreement contains a Rule 11(a)(2) agreement whereby Defendant enters a conditional plea of guilty, reserving his right to have the Fifth Circuit review this Court's denial of his Motion to Dismiss Indictment filed December 17, 2020 (ECF No. 23 ) and withdraw the plea of guilty should he prevail on appeal. Based on the foregoing I recommend that Defendant's plea of guilty be accepted, that Defendant be adjudged guilty, and that sentence be imposed accordingly, subject to the Court's determination of whether it consents to Defendant's conditional plea. (Ordered by Magistrate Judge D. Gordon Bryant, Jr on 2/17/2021) (bmh) (Entered: 02/17/2021)
02/17/2021 39 As to Damien Dre Gonzales:

This written order is entered pursuant to Rule 5(f)(1) of the Federal Rules of Criminal Procedure, and is entered by the court on the first scheduled court date when both the prosecutor and defense counsel are present.

By this order -- issued to the prosecution and defense counsel -- the court confirms the disclosure obligations of the prosecutor under Brady v. Maryland, 373 U.S. 83 (1963), and its progeny, and the possible consequences of violating such order under applicable law. Failure to comply may result in consequences such as the dismissal of the indictment or information, dismissal of individual charges, exclusion of evidence or witnesses, adverse jury instructions, contempt proceedings, and/or sanctions by the court.

(Ordered by Magistrate Judge D. Gordon Bryant, Jr on 2/17/2021) (mcrd) (Entered: 02/17/2021)

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