Oakland man sentenced to probation after trial

Published 8:21 pm Tuesday, March 19, 2019

An Oakland man who engaged in inappropriate conduct with a 4-year-old girl in August was placed on probation for up to four years Monday in Freeborn County District Court.

Fortino Zarate

Fortino Zarate, 28, was sentenced after he was found guilty of felony false imprisonment after a four-day jury trial in December. He was given a stayed 1 1/2-year prison sentence.

Judge Steven Schwab sentenced Zarate to 208 days in jail and gave him credit for 208 days served.

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While on probation, Zarate will be required to attend a sex offender program, have no unsupervised contact with children in certain circumstances unless approved by his agent and/or therapist, register as a predatory offender and follow other requirements.

Court documents state Zarate was charged after the victim was dropped off by her mother at a neighboring house Aug. 21 so she could play.

A witness who owned the house said Zarate knocked on his door and, after a short conversation, walked into the living room where the children were playing, where the adult witness could not see.     

Court documents state Zarate, who lived near the residence, allegedly picked the girl up in his arms, left the residence and brought her to a room in his house. He allegedly pulled down the girl’s pants, and she left after he exited the room.

Though Zarate was also convicted of fifth-degree criminal sexual conduct in the file, court files show Schwab did not sentence him on the charge.

In a second file, Schwab placed Zarate on probation for up to five years for fourth-degree assault.