JANUARY 31--Army Staff Sergeant Javier Lozano, Sr. was sentenced today by Judge Rick Kennon in the 368th District Court. Lozano, Sr. pled guilty January 8 to ten counts of sexual assault of a minor, having confessed to Williamson County police Detective Foiles that he had engaged in a sexual relationship with his own stepdaughter.
Kennon sentenced Lozano, Sr. to a combined total of 130 years in jail and explained to the defendant that despite his only having been indicted on ten counts that took place on five dates, based on Lozano, Sr.’s confession and testimony, there were many more incidents over a three-month period that were not indicted.
Trial Prosecutor Elizabeth Whited argued for a stacked maximum sentence of 100 years based on the trauma inflicted on the victim, the recidivism of sexual predators, and Lozano, Sr.’s own military training, which enabled him to recognize vulnerability in others. In this case, the victim had twice been sexually assaulted prior to the events in question (by other men) and Lozano, Sr. stated it was his responsibility as a father figure to protect her, keep her safe, and make her feel loved. Whited used his own words against him to demonstrate that his actions were the very opposite of his “goals,” having inflicted a moral injury on his stepdaughter that left her traumatized, likely for life.
Judge Kennon thanked Lozano, Sr. for his military service and noted his having spoken of his efforts to get right with his religious beliefs. Kennon then made it clear that the manipulation and intent was as much a part of the crime as the acts themselves, saying, “[the victim] trusted you, your wife trusted you and brought you into her home as a father figure. You promised to protect her … you gained her trust, and I believe the word ‘groomed’ was mentioned. You took advantage of her prior assault and molestation and used it to your advantage.” Kennon also said his decision took into account the victim’s wishes that she wanted to live her life knowing Lozano, Sr. was in jail.
Again, Lozano, Sr.’s own words during his confession; “Whatever the judge gives me, I deserve it” figured into the final rendering. He received 20 years for each of the first three counts, to run consecutively, with the remaining seven counts at 10 years each, which will begin at the start of the third 20-year sentence.
Lozano, Sr. left the courtroom smiling at family members, saying “I’m okay, it’s okay, it’s His plan.” He will be eligible for parole in 30 years.