An Artesia man was arraigned Wednesday in Artesia Magistrate Court on charges of criminal sexual contact with a minor under the age of 13.
Enemenzio A. Ybarra Jr., 67, is scheduled for a March 29 preliminary examination in the case, which stems from interviews conducted in July 2016 with a 7-year-old relative.
In the course of conducting an investigation into a crime of which the child was a victim, officers with the Lovington Police Department notified Artesia police of a safe house interview with the girl. In it, she stated Ybarra had touched and photographed her genital area, as well as shown and made her touch his genitals.
The child told the Hobbs Children’s Advocacy Center interviewer that Ybarra had done this “multiple times” and had a “secret phone” in his room with which he took the photos.
Upon executing a search warrant at Ybarra’s home, police found a cell phone atop an approximately six-foot entertainment center in the bedroom, as well as a second phone in the living room.
The cell phone from the bedroom was examined and did not contain a SIM card. It was locked but, upon unlocking, was found to be completely empty. Artesia police did learn that, prior to the start of their investigation, relatives of the girl had advised relatives of Ybarra of the child’s allegations against him.
According to the report, during his interview with Artesia police, Ybarra initially denied having a “secret” or second cell phone. When officers told him two phones had been found at his residence during the execution of the warrant and that they, along with a camera, had been removed from the home, Ybarra reportedly stated, “Oh OK, you can look through them.”
As such, it was determined probable cause existed for his arrest on one count of second-degree-felony criminal sexual contact of a minor and tampering with evidence, a third-degree felony.
