HARRISONBURG — A former Walmart employee who exposed himself to an 8-year-old boy in the store’s restroom in 2008 will spend an extra year in prison.
During a hearing in Rockingham County Circuit Court, prosecutors said Felix Alberto Martinez-Pacheco, 41, of Harrisonburg, violated his probation even before being released from prison.
Judge Bruce Albertson on Friday revoked one year of Martinez-Pacheco’s nine-year suspended sentence.
Martinez-Pacheco pleaded guilty on May 5, 2009, to felony indecent liberties with a child and failing to register as a sex offender. He also pleaded guilty to misdemeanor indecent exposure.
A plea deal yielded Martinez-Pacheco a 16-year prison sentence, with all but seven years suspended.
On July 12, 2008, prosecutors say, a boy was with his mother shopping at the Walmart on Va. 42 just south of Harrisonburg. During the trip, the boy had to go to the bathroom.
Martinez-Pacheco, who was then a Walmart employee, entered the bathroom and forced the door of the boy’s stall open, prosecutors say.
“[Martinez-Pacheco] asked [the boy] if he believed in God, then he kissed him,” prosecutors say.
Martinez-Pacheco exposed himself to the boy and said “come with me.”
Instead, prosecutors say, the boy screamed and Martinez-Pacheco ran out of the bathroom as the boy’s mother ran in.
Prosecutors say Martinez-Pacheco had a previous conviction in Puerto Rico for a similar offense.
A major violation report states Martinez-Pacheco has had 22 disciplinary infractions while in prison, including attempting to commit sexual acts with others without consent, possession of a weapon and assault on a police officer.
“His adjustment while incarcerated has not changed in the least and he continues to be a danger to others,” the report states.
On Dec. 11, 2009, he pleaded guilty to felony assault and battery of a police officer and was sentenced to five years in prison with all but 3 ½ years suspended. That offense occurred while he was in jail on the sex offense charges.
On April 11, 2016, a grand jury in Buchanan Circuit Court indicted Martinez-Pacheco on three felony counts of felony assault on a police officer for actions that occurred in the Keen Mountain Correctional Center.
On March 7, prosecutors dropped the charges. It’s unclear why those charges were dismissed.
Martinez-Pacheco is being held at the Rockingham County Jail.