Decatur man sentenced for rape

Father arrested for attempting to bribe victim-witness

Wednesday, August 10, 2011

— A Decatur man claimed he was remorseful for repeatedly raping a girl, but his words did not deter a judge from sentencing him to four decades in prison Aug. 2.

Circuit Judge Robin Green found Irineo Tijerina Palacios, 36, guilty of rape, a Class Y felony. Palacios decided to have a bench trial instead of a jury trial.

Palacios was arrested Oct. 19. He was accused of raping a girl, who became pregnant.

Decatur police began investigating after receiving reports Palacios was suicidal and had sexually assaulted a girl, according to court documents. Officer Joe Savage questioned Palacios, who did not respond when asked if he had sex with the girl, according to court documents.

Savage then asked Palacios why he would take the girl to a doctor in Tulsa, Okla., according to the affidavit. Savage wanted to know if Palacios had taken the girl there to have an abortion. Palacios claimed Tulsa had the best clinics and he was taking the girl to a doctor there because she had worms, according to court documents.

The girl was interviewed at the Children’s Advocacy Center of Benton County. She claimed she was getting fat because of worms, which made her sick to her stomach, according to the affidavit. The girl also said she could feel worms crawling in her stomach, according to the affidavit.

A nurse gave the girl a pregnancy test, which was positive, according to court documents. The girl reported she became pregnant by having sex with Palacios, according to the probable-cause affidavit.

The girl and Palacios both testified during the bench trial.

Green, citing overwhelming evidence, found Palacios guilty.

Rape is normally punishable with a prison sentence ranging from 10 to 40 years or life imprisonment. Palacios, though, faced a minimum 25-year sentence because a conviction of raping a child age 13 or younger carries a minimum sentence of 25 years.

The girl, now 14, also testified during the sentencing phase.

She gave a birth to a girl and testified she loves the child, but Palacios’ actions had altered her life.

Bonnie Atchison, deputy prosecutor, asked Green to hand down a maximum punishment. Atchison noted when Palacios testified he could not recall how many times he raped the child.

Scott McElveen, deputy public defender, asked Green for leniency. McElveen told Green that Palacios was remorseful and was ready to face the consequences of his actions.

Green had a few words for Palacios. Green recalled Palacios’ testimony when he said, “We made a mistake,” in reference to him and the victim.

Green said Palacios’ implication was the girl had some responsibility for the repeated rapes. Green told Palacios he alone made the mistake and the girl had no responsibility for his actions.

“Your actions resulted in a child having a child while in her middle-school years,” Green said.

Green sentenced Palacios to 40 years in the Arkansas Department of Corrections. He will have to serve at least 28 years before being eligible for parole.

He must pay $2,120 in court costs, register as a sex offender and must enroll and complete the prison’s sex offender treatment program. He received 288 days of credit for the time he spent in the Benton County Jail awaiting trial.

Palacios’ father, Jesus Tijerina Lopez, was arrested outside the Benton County Courthouse after the sentencing Aug. 2. He was arrested for witness bribery, a Class C felony. He is accused of offering the girl money to drop the charges against his son.

Lopez is being held in the county jail awaiting a bond hearing.

News, Pages 3 on 08/10/2011