A Victoria County grand jury has indicted three men on charges tied to separate allegations of child sexual assault, with accusations stretching back as far as 2012. James Asbury Jr., Martin Hernandez-Marin, and Rojerio Gallegos were named in the indictments, which stem from investigations spanning more than a decade.
According to Crossroads Today, Asbury Jr. was indicted on sexual assault of a child, stemming from a 2012 allegation involving a child under 17, per court documents. He was arrested in Michigan, out of state — a detail that matters legally, since Texas Code of Criminal Procedure Article 12.05 excludes time an accused person spends outside the state from the limitation period for most crimes, according to Texas Law Help. Texas has no statute of limitations for child sexual assault cases.
Hernandez-Marin was indicted on aggravated sexual assault of a child, accused in the indictment of engaging in sexual conduct with a child under 14 in 2016. That charge is a first-degree felony under Texas Penal Code § 22.021, carrying a punishment range of 5 to 99 years or life in prison and a fine of up to $10,000, as laid out by FindLaw.
A Third Defendant and a Shared Name in Court Records
Gallegos faces two counts: indecency with a child by sexual contact and attempted sexual assault of a child, tied to an alleged 2022 incident involving a child under 17, according to court records. Indecency with a child by sexual contact is a second-degree felony under Texas Penal Code § 21.11, punishable by 2 to 20 years in prison, per the Cofer Luster Criminal Defense Lawyers. Texas generally classifies attempt charges one degree below the completed offense, according to the L&L Law Group. A third-degree felony carries 2 to 10 years in prison.
The Hernandez-Marin and Gallegos indictments name victims with the same name.
No Time Limit for These Charges Under Texas Law
Texas has no limitation period for sexual assault of a child, aggravated sexual assault of a child and indecency with a child. Texas lawmakers amended Article 12.01 of the Code of Criminal Procedure in 2007 to remove the statute of limitations for aggravated sexual assault of a child, continuous sexual abuse of a child and indecency with a child, according to the Neal Davis Law Firm. The indictments include allegations dating to 2012 and 2016.
Most people convicted of child-sex offenses must register for life under Chapter 62 of the Texas Code of Criminal Procedure. A first-degree felony conviction carries a punishment range of 5 to 99 years or life in prison.
How the Case Reached a Grand Jury
The Victoria County Criminal District Attorney's Office has a Felony Division, according to the Victoria County Criminal District Attorney's Office.
All three men named in the indictments are presumed innocent unless proven guilty in a court of law. Grand jury indictments represent formal allegations rather than findings of guilt, and no trial dates or additional case details were available in the court documents reviewed.
