Man charged with indecency with a child in teen's death


by, SHELTON GREEN / KVUE News and photojournalist DATHAN HULL

Bio | Email | Follow: @SheltonG_KVUE

Posted on January 9, 2013 at 11:18 PM

Updated Saturday, Nov 23 at 10:00 PM

AUSTIN -- Austin police have charged a man a second time in the New Year's Day death of a teenage girl.

Mario Angeles-Hernandez, 23, is charged with indecency with a child by contact, a second degree felony punishable by upto 20 years in prison.

Hernandez was previously also charged with child endangerment.

Police found Sophia Martinez, 13, unresponsive at a home on Lakehurst Drive in South Austin the morning of Jan. 1. She was unable to be revived by a police officer, and she died a short time later at Dell Children's Medical Center.

According to a police affidavit, witnesses told police they saw a Hispanic male with gold teeth in a black car drop off Martinez and her 15-year-old friend at the house on Lakehurst Drive around 11 a.m. on Jan. 1.

Martinez's friend was interviewed by police and told them the girls were supposed to stay at the South Austin home, but they sneaked out on New Year's Eve to meet a man they met at a bus stop.

The teens went to another home where Hernandez, who the girl called "Joe" lives with his roommate, Jose Ricardo Garcia-Zavala, 23.

The 15-year-old told police the girls drank significant amounts of alcohol that night. She says she saw Martinez drink five servings of Grey Goose Vodka and four servings of whiskey.

Austin police said Garcia-Zavala may also be charged with indecency with a child pending test results.

In an affidavit received by KVUE Wednesday, police say the friend told police she saw Hernandez kissing Martinez on New Year's Eve, and the next morning he had "hickies" on his neck.

In an interview with police, Hernandez initially denied knowing Martinez or her friend, but eventually admitted the girls had been brought to his home and he'd provided alcohol for them.

Hernandez also admitted to kissing and inappropriately touching Martinez due to "temptation."

The next morning the friend found Sophia on a couch in the men's home unresponsive. She says she asked the men to call 911, but they told her they did not want "any drama" in their house.

After about 30 minutes Hernandez took the girls back to the home on Lakehurst and dropped them off.

Zavala and Hernandez are now nowhere to be found. At first authorities, working on rumors, believed the men had fled to Mexico.

Members of the Lonestar Fugitive Taskforce think both fugitives may not have gone that far.

“Presently we're looking for them in Texas. We haven't received any credible information indicating that they have fled to Mexico,” said Hector Gomez with the U.S. Marshals Service in Austin

Martinez's family and friends recently held a vigil in her honor. To help with the family's funeral expenses you can donate to Bank of America account number 586 03138 7504 in the name of Sylvia Vasquez.