Guilty Verdicts, Prison Sentences in Assaults on Children

BOSTON, July 17, 2015—Two men were sentenced to prison today after each was convicted of sexually assaulting children in separate cases, Suffolk County District Attorney Daniel F. Conley said.

FAVIAN CRUZ (D.O.B. 9/27/76) of Revere faced sentencing today after a jury convicted him yesterday of four counts of aggravated rape of a child and two counts of indecent assault and battery of a child.  Assistant District Attorney Gloriann Moroney, chief of the DA’s Child Protection Unit, recommended that Cruz be sentenced to 20 to 25 years in prison; Judge Kimberly Budd imposed a term of 10 to 15 years in prison followed by a 10-year probationary term.  During that time, Cruz is barred from having contact with the victim or her immediate family, holding any employment or volunteer position involving unsupervised contact with children, residing with any minors, or having contact with minors unless that contact is supervised by the child’s legal guardian and Cruz has disclosed to that guardian the nature and circumstances of his crimes.  He must also register as a sex offender, complete a sex offender treatment program, and wear a GPS monitor.

At the same time that sentence was handed down, a judge in the same courthouse delivered guilty verdicts in the jury-waived trial of JOHNAVON SAINT-VIL (D.O.B. 3/11/84) on two counts of mayhem, six counts of aggravated assault and battery with a dangerous weapon, and three counts of indecent assault and battery on a child.  Saint-Vil was acquitted of two additional counts of assault and battery with a dangerous weapon.

Assistant District Attorney Brenna Flynn recommended a state prison sentence of 15 to 20 years followed by 15 years of probation; Judge Maynard Kirpalani sentenced Saint-Vil to 10 to 12 years in prison followed by eight years of probation.

Moroney presented evidence and testimony to prove that Cruz sexually assaulted the victim on multiple dates when she was between the ages of 8 and 12 and left in Cruz’s care.  The abuse continued during a period when the victim’s primary caretaker was undergoing treatment for cancer.  The victim disclosed the abuse in 2012.

During Saint-Vil’s jury-waived trial, Flynn proved that Saint-Vil assaulted two children who were known to him as a friend of their family.  The girl and boy were ages 8 and 11 at the time of the abuse, which included burns that caused permanent scarring.  Saint-Vil was acquitted of using a belt to assault the victims.

“I never knew before this happened to our family that traumatized children experience things that no one realizes,” the children’s aunt and caretaker told the court at sentencing.  “The little things from childhood that we take for granted, like feeling safe when someone is introduced to the family.”

“Both of these defendants took advantage of a position of trust to commit horrible acts against children made vulnerable by their young age,” Conley said.  “Even after the abuse ended, each victim had to recount the worst moments of their young lives to police, prosecutors, and finally before a courtroom full of strangers.  They each showed an incredible amount of strength, courage, and grace in helping bring their abusers to justice.”

Moroney was second-sat by Assistant District Attorney Janine D’Amico.  Eliana Builes was the DA’s assigned victim-witness advocate on the case.  Flynn was second-sat by Assistant District Attorney Maryrose Anthes and assisted by Christine Berardino, the DA’s assigned victim-witness advocate.

Cruz was represented by Joseph Gregory and Saint-Vil by Scott Lauer.

 

 

 

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All defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.