Deal reached in sexual misconduct case

A plea deal was reached this week in a Cheyenne County District Court case involving a Colorado man accused of sexual misconduct.

Gabriel Martinez, 50, pleaded no contest to enticement by an electronic communication device, a class IV felony.

As part of the agreement, an additional charge of violation of visual depiction of sexually explicit conduct was dismissed.

The court has sealed documents relating to Martinez's arrest. He is represented by court-appointed attorney Michael Snyder, who at a prior court hearing said his client has been in custody since his arrest in January.

During a court appearance last month, Snyder argued a photo of a teenage girl sent from Martinez's cell phone showed only the girl's buttocks, which does not meet the statutory definition of sexually explicit conduct.

"Nudity in and of itself is not a violation," Snyder said.

Cheyenne County Attorney Paul Schaub argued the photograph was tied to sexual gratification, and that Martinez used the photo to attempt to procure more images from the girl.

Sentencing in the case is scheduled for Oct. 13 at 10 a.m.