Mother takes stand in Lufkin man's sex assault trial

LUFKIN, TX (KTRE) - By Holley Nees - email

LUFKIN, Texas (KTRE) - The trial of a Lufkin man accused of repeatedly raping a 16-year-old girl continued Thursday.

Felix Aguirre, 46, is charged with sexual assault of a child.

Much of the morning was spent with the victim's mother testifying about the morning after she found out Aguirre had been assaulting her daughter.

Aguirre's attorney Ryan Deaton asked the woman if she had demanded money over and over again when she and Aguirre were talking back in April.

"I did tell him to give me the money that belonged to me and my daughters," the woman said through a translator.

Deaton asked the woman, "…you didn't call the police until after he left, right?"

The woman said she called 9-1-1, but she did not have a signal.

Deaton pressed the woman, saying that she was really afraid Aguirre was going to get money out of a bank account before she could, but the woman said she was actually worried Aguirre would take off with her children, so she called the schools.

"[Aguirre] threatened me by telling me he would kill himself…if I would open my mouth," she said.

Sergio Luna, a patrol sergeant for the Angelina County Sheriff's Office, took the stand late Thursday morning to discuss the day he was called to a residence in the county because there was a "language barrier."

"I found a Hispanic female standing out front, upset and crying," Luna said. "She was bothered, upset, crying, and somewhat embarrassed."

Luna recalled having to sort out the woman telling him incidents that had happened in the past and what had recently occurred.

"She told me she had hidden a shotgun from [Aguirre]," he said.

He said the complaint first came in as a 911 unknown because the operator did not speak Spanish. Luna said the call turned out to be a sexual assault.

Later, Luna testified the Lufkin Police Department had located Aguirre on North Timberland at an upholstery shop.

He said Aguirre had been arrested for Public Intoxication. "He was calm…I could smell a little bit of alcohol on him," he said Aguirre seemed intoxicated "to a degree." Luna also remembered Aguirre having a six-pack of beer in his car.

Luna said he also recalled seeing a scratch on Aguirre's nose.

The patrol sergeant said he did not get a sexual assault exam conducted because he was advised it had been about a week since any sexual acts had taken place between Aguirre and the alleged victim.

Luna testified he went to the victim's school to talk with her, but administrators told him she was taking a test and she could not be interrupted.

Deaton questioned Luna about Aguirre really being intoxicated. Luna admitted he had not performed the test on Aguirre an officer would usually administer to determine if the defendant was intoxicated. Luna also pointed out the Lufkin Police Department was the agency that had arrested Aguirre for public intoxication.

Deaton continued to question Luna about why no sexual assault exam was ever performed.

The trial is expected to continue through the week.

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