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Rio Rancho Man Pleads Guilty to Three Third-Degree Counts, Faces 15-Year Maximum

Damian Abeyta, 38, of Rio Rancho, pleaded guilty to three third-degree felony counts; prosecutors agreed to a 15-year maximum and restitution.

James Thompson2 min read
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Rio Rancho Man Pleads Guilty to Three Third-Degree Counts, Faces 15-Year Maximum
Source: www.rrobserver.com

Damian Abeyta, 38, of Rio Rancho, entered guilty pleas March 3 in Sandoval County’s 13th Judicial District Court to three third-degree felony counts of criminal sexual contact with a minor. The pleas resolve charges that trace back to a 2020 indictment that originally listed seven counts across second and third degrees.

A written sentencing agreement filed by the prosecution addresses how long Abeyta could face behind bars and post‑release supervision. The document states, "prosecution states it will not agree to a minimum incarceration period and agrees to a maximum of 15 years." It adds that "the remainder of any period will be served on probation and that further sentencing is up to the court." "The agreement also requires Abeyta to pay restitution."

The case’s procedural history in court begins with the 2020 charging document that named seven counts of criminal sexual contact of a minor in both the second and third degrees, and culminates in the March 3, 2026 plea in the 13th Judicial District Court in Sandoval County. The plea reduces the active counts to three third-degree felonies; court filings available at the district courthouse should show the docket entries and exact case number.

Key sentencing details remain unreported in the filings available to date: the judge who will accept or impose sentence was not identified in the plea paperwork, no sentencing date has been set in the public record, the exact restitution amount required by the agreement was not listed, and the records do not state whether any of the original seven counts were dismissed as part of the resolution. The names of the prosecutor or defense attorney who negotiated the agreement were not included in the material filed with the court.

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AI-generated illustration

The Abeyta plea arrives amid several other high-profile sexual‑offense cases in the Rio Rancho and Sandoval County courts this year. Separate investigations include the arrest of 34‑year‑old Ruben Dario Gonzalez, accused of allegedly kidnapping and sexually assaulting a 13‑year‑old who was longboarding near her home in Rio Rancho, and the arrest of Bobby Lucero on charges including kidnapping, criminal sexual penetration of a minor, and four counts of aggravated assault, the latter alleged to have occurred in the Sedona Meadows area of Rio Rancho with bond set at $100,000. A third, unrelated matter involves 46‑year‑old John Christopher Kay, arrested after an undercover operation and held in the Sandoval County jail pending extradition to California on charges including human trafficking, with California bail set at $1.2 million.

The sentencing agreement in Abeyta’s case leaves final punishment to the court, with prosecutors limiting exposure to a 15‑year maximum, leaving any remainder to probation, and requiring restitution. Sandoval County court records and the 13th Judicial District Court docket will reflect when a sentencing hearing is scheduled, the presiding judge, and the precise restitution order once the court acts.

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