Garibay sentenced to 70 years
An Olney man was found guilty of continuous sexual abuse of a child under 14 and sentenced to 70 years in prison last week at the end of a threeday jury trial in Graham.
Andrew James Garibay, 32, will serve his sentence in the Texas Department of Criminal Justice, Correctional Institution Division. Upon release, he will be required to register as a sex offender.
Mr. Garibay was indicted by a Young County grand jury in July 2022 after the then-10year-old victim confided to a school friend about abuse that began when she was 7 or 8 years old, according to trial testimony. The other child’s father notified authorities when he heard about the abuse, according to testimony by Olney Police Det. Dustin Hudson.
District Attorney Dee Peavy told jurors that the child had begun exhibiting signs that “there was something not right,” including “wetting herself all the time and not taking care of her appearance.”
After she made “an accidental outcry” to her friend, the child was taken for a forensic interview and told a Child Protective Services interviewer “things that a child should not know,” Ms. Peavy said.
The girl recounted the abuse from the witness stand.
“We are pleased with the outcome of the trial and guilty verdict,” said Olney Police Chief Dan Birbeck, who also testified at the trial. “I believe the jury sent a strong message with a 70-year day-for-day sentence. The message is that Young County residents are not going to tolerate child predators. Our children are our most vulnerable population and they deserve justice and to be protected.”
Defense attorney Cora Moore told jurors that the witness was coached into fabricating the allegations about the defendants.
“I don’t think there will be evidence to support the charges. It’s just as important to see what’s not there,” Ms. Moore told the jury in her opening statement. “This type of case is not appropriate for this type of charge.”
Ms. Moore also noted that CPS had previously been involved with the victim and had determined that “she absolutely has been abused by somebody” but it was not Mr. Garibay.
The jury deliberated for four hours before finding Mr. Garibay guilty, and recommended, as argued by the District Attorney, that he receive nearly the maximum sentence.
“I am so thankful that the jury convicted the defendant and they gave him the punishment they did,” Ms. Peavy said. “While this does not erase what the victim went through, it is a measure of closure so that the healing process may continue. I appreciate all the man hours and hard work put into this by the Olney Police Department, CPS investigator Mark Hanson, and the staff of Patsy’s House Child Advocacy Center in Wichita Falls.”