Ex-teacher, 2 others get prison terms for sex abuse of minor, sexual assault

Superior Court associate judge David A. Wiseman sentenced in one day three defendants on Tinian, including a former high school teacher, for separate cases of sexual abuse of a minor and sexual assault.

In separate hearings on Friday at the Tinian Superior Court, Wiseman imposed a two-year prison sentence on former Tinian High School teacher Jonathan M. Diaz, three years for Joseph Ray Arriola Jr., and eight years for Alvin P. Lizama.

“When parents send their children to school, they should be entitled to do so with a presumption that the school will act in loco parentis, a Latin term meaning in place of the parent, and that they will oversee and protect their child against any harm from others,” said Wiseman in sentencing 28-year-old Diaz.

Diaz was found guilty in September last year of three counts of sexual abuse of a minor in the third degree. He impregnated his then 16-year-old student.

In his written sentence issued yesterday, Wiseman said that although the victim and Diaz assumed they were in a consensual boyfriend-girlfriend relationship, the law says otherwise, especially considering Diaz’s position of authority as a teacher.

“Sentencing not only serves what is good for the defendant, but rather what is best for the community, and in particular, the safety of our children, in the sense that such crimes against our children by those in authority be deterred from occurring,” Wiseman said.

In this case, the victim got pregnant by Diaz and had to quit school as a result, he said.

“Situations such as the adverse effects to this young victim’s life caused by [Diaz]’s action is why the people passed a law that has harsh sentences as sending a strong message to potential offenders that they will go to jail if they molest or abuse children or students,” he said.

As for 22-year-old Arriola, Wiseman said he finds the defendant to be a young man who seemed dominated by peer pressure and engaged in an act of youthful indiscretion.

“Our public laws represent the will and sentiment of the people of the community and when it comes to sexual abuse of a minor, they have spoken loud and clear, with harsh sentences,” the judge said.

Arriola was found guilty in September last year of sexual assault in the third degree for raping a drunk woman at a Tinian cemetery.

Wiseman did not issue a statement in his order in the case against 28-year-old Lizama.

Police arrested Lizama in August 2011 for allegedly raping a girl, who later became pregnant and delivered a baby. Lizama’s mother, Admanita, was also arrested that same day for allegedly ignoring the girl’s complaints.

On Friday, Lizama pleaded guilty to a count of sexual abuse of a minor in the second degree. The victim is a 15-year-old girl.

Wiseman gave the three defendants credit for the time they had already spent in jail-eight days for Diaz, three days for Arriola, and one month and 12 days for Lizama.

The three were directed to start serving their sentences on Saipan starting Jan. 30, 2012.

Diaz is expected to be released on Jan. 22, 2014. Arriola shall be released on Jan. 27, 2015. Lizama is expected to be freed on Dec. 18, 2019.

Wiseman required them to register as sex offenders and pay a fine, probation fee, and court assessment fee, among other conditions. After completing the jail terms, the three will be placed on supervised probation.