District Attorney's Office


  

Conasauga Judicial Circuit of Georgia




   Serving Murray & Whitfield Counties

PENA CONVICTED OF AGGRAVATED CHILD MOLESTATION

October 17, 2017 (Chatsworth) – Diego Martin Pena (39) of 193 Bells Ferry Road, White, Georgia, was convicted last week by a Murray County Jury of aggravated child molestation, child molestation and statutory rape for offenses against a single victim. Pena was convicted on Friday afternoon of the offenses before Superior Court Chief Judge William T. Boyett. Detective Brett Morrison of the Murray County Sheriff’s Office presented the case along with Assistant District Attorney Ben Kenemer. The State called a total of three witnesses, including the victim. A witness from the Georgia state crime lab testified concerning DNA test results which indicated Pena was the father of the victim’s child.

The investigation began in 2012 when the victim was 15 after reports were presented through Murray County Schools. The victim was pregnant at the time but it was initially believed that the father of the child was a classmate of similar age. In 2014, after the victim had moved out of state, paternity testing revealed that Pena was the child’s father. That revelation led the Murray County Sheriff’s Office to reopen their investigation and request additional DNA testing through the Georgia State Crime Lab. The sexual acts occurred between 2008 and 2011 when the victim was 11-14 years of age. The District Attorney’s Office sought an indictment once the Georgia DNA testing was completed in early 2015. Pena is facing a life sentence on aggravated child molestation and twenty years on both statutory rape and child molestation, which could run consecutively. He was remanded to the custody of the Murray County Sheriff’s Department and is set for sentencing before Judge Boyett on November 22, 2017. Pena was represented by Tom West, a sole practitioner out of Bethlehem, Georgia.



Bert Poston
District Attorney
Conasauga Judicial Circuit


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Bert Poston,
District Attorney


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