Vanderburgh County prosecutors to press for lengthy sentence in molesting case

EVANSVILLE — In 2022, a teenage girl contacted law enforcement to allege that 31-year-old Elmer Salazer-Hernandez sexually abused her when she was a young child.

Last week, an Evansville jury found the man guilty of two counts of child molesting in the case.

A Vanderburgh County judge will sentence Hernandez on July 18 for the Level 2 and Level 3 felony child molesting offenses, court records state — offenses that could place Hernandez in the state prison system for more than a decade.

According to Vanderburgh County’ Prosecutor Diana Moers, the state will argue that Hernandez should serve his sentences consecutively. In other words, one after the other.

In a statement, Moers said her office “considers every child molestation and abuse case to be high-profile and of the utmost importance."

“I will continue to pour resources and training into prosecutions of child molesters,” Moers wrote in the statement. “This brave victim was able to report their molestation, which happened nine years prior, and because of this testimony the defendant will no longer have access to children.”

Hernandez was apprehended in March , nearly two years after an investigation by the Vanderburgh County Sheriff’s Office and Holly’s House, a victims’ advocacy center in Evansville, led prosecutors to charge Hernandez and a judge to issue a warrant for his arrest.

In April, the court issued a preliminary plea of "not guilty" on Hernandez's behalf, a docket entry states. Hernandez, a citizen of Guatemala, does not speak English and relied on interpreters during initial hearings and at trial, according to public records.

The affidavit of probable cause filed in the case alleges that in 2022, a then-14-year-old girl came forward and told investigators that Hernandez sexually abused them years earlier when she was between 4 and 5 years old.

During a forensic interview at Holly’s House, the victim reportedly said Hernandez "had sex with her at least three times” while he lived in her family’s home. Vanderburgh County Sherriff's Deputy Jackie Junker wrote in the affidavit that Hernandez had abused the victim "over an extended period of time.”

The Vanderburgh County Prosecutor’s Office said in a statement that the victim “bravely testified at trial,” and claimed that Hernandez’s conviction was the result of more than just testimony.

“Detectives have many tools at their disposal to help corroborate victim disclosure,” Moers said. “We will leave no stone unturned in these cases. I pray for the survivor’s healing and hope their testimony inspires others who want to come forward. If you are a victim, please be assured you have a fighter in your corner.”

Deputy Prosecutors Susan Wilkie and Kimberly Ottilie tried the case on behalf of the state. Evansville-based attorney Ivan Arnaez represented Hernandez.

According to court records, Arnaez motioned for a mistrial during the case's final moments.

"Defendant orally moves for a mistrial due to statements made by the state during closing arguments," a hearing journal entry states. "Court denies that motion."

Magistrate Judge Celia M. Pauli, of the Vanderburgh County Circuit Court, served as the presiding judge.

What to know about Hernandez's sentencing

According to Indiana’s sentencing guidelines, Level 2 felonies carry a possible sentence of between 10 and 30 years, with the advisory sentence being 17 and one-half years.

Level 3 felonies can net a sentence of between 3 and 16 years, the guidelines state, with an advisory sentence of 9 years. Pauli will have broad discretion to determine the severity of Hernandez’s sentence.

Moers said the state will argue that Hernandez should serve both of the sentences he receives back to back, or consecutively, which would lengthen the amount of time Hernandez is imprisoned.

“The court shall determine whether terms of imprisonment shall be served concurrently or consecutively,” Indiana’s criminal code states, by weighing “aggravating” and “mitigating” circumstances specific to the case.

Given that Hernandez petitioned Pauli to deem his case mistried, he could ask an appeals court to review the case, though it was not immediately clear if he would take such a step.

Houston Harwood can be contacted at houston.harwood@courierpress.com .

This article originally appeared on Evansville Courier & Press: Vanderburgh County prosecutors to press for lengthy sentence in molesting case