HUTCHINSON, Kan. — After Judge Joe McCarville granted the state’s request earlier this month to continue the preliminary hearing in the case against a man charged with aggravated indecent liberties with a child.
The case against Jesus Martinez-Rubio goes back to December of 2009 when the alleged victim was fifteen. The defendant and the victim had a child together, but he apparently lied to her family over a similar case in Rice County and about other things, which led to them reporting the alleged crime here.
The state wants an agent from Homeland Security to testify in the case over the defendant’s age, which has been in question since his arrest. It’s believed that he may have been born in 1990, but possibly 1992. That would make a difference in the state being able to proceed with the case as charged. There is an immigration hold on the defendant, but that’s apparently because of this case. There was some question over whether the state would get cooperation from the feds when the last hearing was scheduled. But, shortly after the scheduled hearing, the state learned that they would.
Judge McCarville rescheduled the hearing for Friday.