Accused Rehoboth sex offender to be deported

An accused Rehoboth Beach sex offender has agreed to deportation back to his home country rather than face a second trial.

Cecilio Cruz Garcia, 61, was facing a second trial on charges of sexually abusing a young boy at an unlicensed daycare on Rehoboth Avenue. His first trial in January ended in a hung jury. If convicted in the second trial, Garcia was facing 152 years in prison.

Joe Rogalsky, spokesman for the Department of Justice said, “In the interest of protecting the public and out of concern toward subjecting Garcia’s young victim to another trial, we have worked with federal authorities on resolving this case by revoking his citizenship and arranging his deportation.”

Rogalsky said Garcia committed fraud when he became a U.S. citizen in 2000. On his application, he failed to disclose a 1993 sex offender conviction, which would have prevented him from obtaining citizenship.

In a separate action in January, Garcia pleaded guilty to failing to reregister as a sex offender. It was Garcia’s failure to reregister three days after changing his employment status that gave Rehoboth Beach Police Department the impetus to arrest him.

Garcia agreed to denaturalization and deportation and will remain in custody at Sussex Correctional Institution until he leaves the United States, Rogalsky said.

In exchange for agreeing to deportation, the Attorney General’s Office agreed to drop the charges against Garcia. The state retains the ability to prosecute Garcia should he reenter the United States or fail to follow through on denaturalization. Rogalsky said officials in El Salvador would be made aware of Garcia’s criminal record.

Jason Miller, spokesman for the Department of Justice, said the family of Garcia's alleged victim supported the ultimate outcome of the case.

Garcia’s attorney, E. Stephen Calloway of the Public Defender’s Office, did not respond to a request for comment.