For Jose Caballero and Elissa Alvarez, love was in the air and they made the most of it. Unfortunately they chose to do it on an occupied beach. There were several families there including a three year old girl who saw the action. For their passion, Jose Caballero and Elissa Alvarez were sentenced to 2 1/2 years in prison. Next time they should heed my voice and get a dune.
During the trial, Caballero claimed that they weren’t having sex and that Alvarez was merely dancing on top of him. That did not sway the judge, who for some strange reason preferred to watch video that was shot by a beach goer on the day in question. The video was explicit and convinced the judge that the couple was guilty. Alvarez was sentence to time served but Caballero received a 2 1/2 sentence because of a previous cocaine conviction. He could have received fifteen years.
Both Alvarez and Caballero will have to register as sex offenders for their tryst. Prosecutors had offered the couple a deal, whereby they would serve time but would not have to register as sex offenders. Caballero was offered two and a half years but decided to fight it. He got the same sentence but now will also have sex offender status when he gets out and will have his neighbors made aware of that status, wherever he moves to.
Caballero’s mother said:
“He was very unfairly trialed, actually. He’s not guilty. They never did [have sex]. That’s why they took it to trial.”
Ron Kurpiers, Caballero’s attorney told the local Fox News that he is going to appeal:
“I think the lewd and lascivious statute is applicable to somebody that has done much more than he did and I don’t believe that his sex offender designation is applicable to what he’s charged with, what he’s convicted of.”
Alvarez has already appealed her conviction and is waiting for her next day in court.