Ellis County Attorney
On May 1, 2025, a man accused of aggravated indecent liberties with a child was found not guilty by a jury of 12 in Ellis County District Court.
The defendant, Amador Pena III, was charged with one count of aggravated indecent liberties with a child, an off-grid person felony. The charge alleged Pena lewdly touched/fondled his daughter, an 11-year-old, in July of 2022. Pena is a Florida resident who was visiting relatives in Hays during the time of the alleged crime.
The defendant was represented by Kip Johnson, Hays attorney. The state was represented by former Ellis County Attorney and now Special Prosecutor Appointed Robert A. Anderson Jr. Judge Curtis J. Brown, chief district court judge of the 23rd Judicial District, presided over the trial.
The jury heard testimony from the 11-year-old daughter (now age 14), who testified that during this incident, her father was “spooning” her, rubbing her side, and whispering statements about her becoming a woman. The victim also testified that the defendant had an erect penis poking into her back and buttocks while cuddling her. Additionally, the jury heard testimony from the victim’s older sisters, who testified about specific instances of other sexual misconduct they alleged the defendant had committed against them.
The defense presented several character witnesses, highlighting the defendant’s military service record and top-secret government clearance. The defendant took the stand to testify and denied all allegations. Throughout the trial, the defense focused on the bitter dissolution of the marriage between the defendant and the girls’ mother, suggesting that the allegations were fabricated to get back at their father for abandoning the family and for other various transgressions, like cutting them off financially.
The jury deliberated for over four hours before notifying the judge around 5 p.m. on Thursday that they were “hopelessly split” in their decision. The court inquired of the jury foreman to see if they believed it was possible they could reach a unanimous verdict if they continued to deliberate. The foreman indicated they would try. Twenty minutes later, the jury reached a unanimous “not guilty” verdict.
“This verdict tells me that I failed to convince this jury beyond a reasonable doubt," Anderson said.
“Such a small percentage of sex crimes are reported to law enforcement each year. Of those that are reported, an even smaller percentage result in criminal charges. Of those where charges are filed, only a very small amount reaches a criminal jury trial. Of those that make it to trial, not all of them result in a conviction," he said.
"I believe these statistics are attributable to many different factors. For instance, these are the types of crimes that are almost never committed in front of others. These are the types of crimes where we aren’t going to have video evidence. These are 'he said, she said' cases, and the jury will either believe the victim beyond a reasonable doubt, or they won’t,” Anderson said.
“Unfortunately, the pattern I’ve seen, particularly here in Ellis County, is that sexual assault victims, even when they are children, are on trial just as much, if not more, than a defendant. I believe this is why these crimes don’t get reported, don’t get filed, and don’t result in conviction,” Anderson said.
“Sexual abuse and sexual assault happen in every community. It is difficult for people to imagine this happening, particularly in our own community, but it does. I am proud that the Ellis County Attorney’s Office is not afraid to file difficult cases and take them to trial. I know under Aaron Cunningham’s leadership the office will continue to seek justice for victims and hold perpetrators accountable, even in cases where, historically, juries acquit,” Anderson said.