Fabian Rubio, 20, of Bremen, was sentenced Wednesday, June 10th in Marshall Superior Court Number One to 8 years imprisonment at the Indiana Department of Correction for the offense of sexual misconduct with a minor, a Class C Felony. Judge Robert O. Bowen ordered six years of the sentence to be served, with two years suspended. Judge Bowen ordered Rubio be placed on two years of probation upon his release from the Department of Correction, with sex offender terms applicable for the following ten years.
Rubio in open court admitted that between June 1, 2014 and June 30, 2014, he had sexual intercourse with a fifteen-year-old female. In exchange for the plea of guilty, the State dismissed a charge of Rape, but left sentencing up to the Judge. Judge Bowen approved the agreement reached between Chief Deputy Prosecuting Attorney Tami Napier and defense attorney Jason Cichowicz of South Bend.
In sentencing Rubio, Judge Bowen listed aggravating factors of Rubio having a previous juvenile delinquency record, of not successfully completing previous chances at probation, and of violating the trust of the victim’s parents that their daughter would be safe around Rubio. Judge Bowen also noted the lifelong effect this crime will have on the victim. As a mitigating factor, Bowen listed Rubio’s clean adult criminal history, noting however that he did not have much time to spoil his record at his young age of then 19. Finding the aggravating circumstances outweighed the mitigating, Bowen sentenced Rubio to the maximum term under the charge for which he pled guilty, but suspended two of the eight years.
Rubio remains incarcerated in the Marshall County Jail as he still has pending charges in Marshall County Superior Court No. 1 related to the murder of Desirae Jones of Bremen.
