Honduran man living in Massachusetts with similar charges pending in North Carolina, sentenced in Fall River for Aggravated Rape of a Child after capture in Texas

A 47-year-old former New Bedford man who was illegally in the country from Honduras, pled guilty and was sentenced for Aggravated Rape of a Child, Indecently touching a Child and Witness Intimidation in the Fall River Superior Court and will serve twelve to fifteen years in state prison followed by ten years of supervised probation, Bristol County District Attorney Thomas M. Quinn III announced.

The defendant, Marvin Pineda, an acquaintance of the 9-year-old victim’s family from their native country of Honduras, was present at the victim’s home in New Bedford on October 10, 2020, for a family birthday party.  As the night grew on the victim, her sister and the defendant’s two minor children went upstairs in the home to go to sleep.  The victim shared a bed with her 7- year-old sister and the defendant’s two minor children shared the second bed in the same bedroom. The victim’s adult sister then observed the defendant in the children’s bedroom hugging the victim.  When she confronted the defendant, he remarked that he had not seen the victim in some time and was just saying hello.  The victim’s family offered the defendant to sleep on the couch, rather than waking his own children to take home.  In the morning, the defendant was not located on the couch and instead had awoken early and took his two children from the victim’s home.  The victim reported that morning that the defendant had entered her bedroom during the previous night and raped her by digitally penetrating her.  The victim was taken to a local hospital where a rape kit was performed. 

Pineda’s sperm cells were detected from a swab of the victim’s body.  The victim’s 7-year-old sister, who was shared a bed with the victim at the time of the rape, was also a percipient witness to the rape and made observations of the defendant’s genitals. 

Pineda was determined to have fled the Commonwealth of Massachusetts as of October 11, 2020. On October 18, 2020, he contacted the victim’s mother and urged her not to pursue charges and offered her compensation.  The victim’s mother reported that conversation to police.  Pineda was located in Texas in November 2020 where he was apprehended and brought back to Massachusetts to answer to the charges. Pineda has similar charges involving a separate victim that are pending in North Carolina. 

The case was prosecuted by Assistant District Attorneys Casey Smith and Nicole Cheney.

“The defendant took advantage of his access to the child in her bed sleeping next to her sister.  The conduct of the defendant is reprehensible.  On top of that he immediately fled to Texas and tried to intimidate the victim’s mother. The defendant has similar charges pending in North Carolina.  This state prison sentence is well deserved, especially without the victim having to testify,” District Attorney Quinn stated.