SAN DIEGO — A former Border Patrol agent who sexually assaulted a 17-year-old girl in a Mission Bay hotel room and took photos of her in lingerie was sentenced Friday to 24 months in state prison and ordered to register as a sex offender.
Daniel Alfredo Spear, 46, was convicted last year of digital penetration of a person under 18, oral copulation of a minor and using a minor in the production of child pornography. He was acquitted of furnishing cocaine to a minor and sexual penetration of an intoxicated person.
Deputy District Attorney Marisa Di Tillio said Spear — who spent 18 years in law enforcement — was a “father figure” to the victim, who, because of family circumstances, spent a lot of time at the Spear residence.
Spear violated a position of trust by taking advantage of the vulnerable victim, the prosecutor said.
Di Tillio told Judge David Rubin that Spear wouldn’t be a good candidate for probation because he was in complete denial and lacked remorse for his actions.
Probation Officer Naomi Klahn told the judge that Spear should be given a chance on probation.
“His life is ruined,” Klahn said, noting that she thought the defendant could be rehabilitated.
Defense attorney Kerry Armstrong said the victim was almost 18 when the crimes occurred.
The attorney told the judge that Spear wasn’t likely to re-offend and could be successful on probation.
In denying probation, Rubin said he was concerned about the depth of Spear’s denial.
The judge said the defendant groomed the victim and showed planning in getting her to the hotel room where the crimes took place.
The victim told police that Spear touched her inappropriately in his home and sexually assaulted her in the hotel room after giving her cocaine.
She testified that he “creeped her out” from the moment she met him.
The victim testified that Spear touched her private parts over her clothes while she was sleeping at his home on July 4, 2015.
She said that on Oct. 20, 2015, she and Spear checked into a Mission Bay hotel, where he gave her “a lot of cocaine,” then fondled and orally copulated her. She said Spear also took photos of her in lingerie.
About a month and a half later, she said she told her father what had happened and police were called.
Di Tillio told the jury that the victim got to know Spear because she was friends with his daughter. The girls met through a home-schooling program.
Spear even talked about leaving his wife for the girl, Di Tillio said.