COLUMBUS, Ohio (WCMH) – The man accused of impregnating a 10-year-old girl will not have a way to get out of jail before his trial, a judge ruled Thursday.
An NBC4 reporter was there as Gerson Fuentes, 27, appeared in Franklin County Court of Common Pleas in handcuffs. In his previous court appearance, he pleaded not guilty to two charges of raping a minor under 13. A prosecutor at that hearing also said the state planned to file a motion to hold Fuentes without bond.
The judge presiding over the case, Julie Lynch, granted that request in the latest step in the court process. She said it was an easy decision because Fuentes had a confirmed biological tie to the aborted fetus.
“The DNA confirms by 99.99% that he had intercourse with this child,” Lynch said. “The nature of the charges are life prison without the possibility of parole. That in and of itself makes the defendant a flight risk.”
While Fuentes is maintaining he isn’t guilty in court, detectives claimed he admitted to raping the 10-year-old in a police interview. During Fuentes’ Thursday appearance, a Columbus police detective went into further detail. He testified that Fuentes lived with the victim and her mother, and the 10-year-old was six weeks and four days pregnant before she traveled with her mother to get an abortion in Indianapolis.
This timing means that the victim was most likely ineligible to get an abortion in Ohio under the state’s heartbeat bill. Signed into law by Gov. Mike DeWine in 2019, it effectively outlawed abortion once fetal cardiac activity is detected — usually at six weeks’ gestation — with no exceptions for rape or incest.
After the girl had the abortion, two other investigators traveled to Indianapolis to retrieve the “product of conception” and ran DNA tests that tied Fuentes as the father, the detective said.