Sunday, October 18, 2009

Dental assisstant sentenced to 5 years in prison for fondling patient under anesthesia

A Frederick, MD dental assistant was sentenced to five years in prison and a lifetime of sex offender registration by Frederick County Circuit Court Judge G. Edward Dwyer for fondling a woman under anesthesia foe wisdom tooth removal. The April 22 assault by 37 year old Danilo Carabio Banados resulted in the victim waking up to find Banados fondling her under her clothes and kissing her. Maryland State Police Trooper First Class Gary Martin interviewed the suspect a week after the assault. Banados initally denied the assault, but three weeks later, admitted it under a polygraph.

Maryland sentencing guidlines called for a sentence of between probation and a year in jail, but Assistant State's Attorney Lindell K. Angel said that sentencing guidelines were inadequate because of the position of trust that was violated. "He took advantage ... the conduct was absolutely not consented to," Angel said.

Judge Dwyer said that "You violated (her) trust. Mr. Banados, you came in here at most with a minor record," Dwyer said. "Now you have two felonies that will follow you for life."

Banados told the woman and her husband, who attended his sentencing but made no victim impact statement, "I'm sorry for what I've done. I ask for their forgiveness."

Judge Dwyer suspended 15 years of a 20 year sentence with five years executed. 5 years of supervised probation were also imposed. If Banados refuses to complete mental health, sex offender treatment, or contact the victim or her family, then the suspended sentence of 15 years can be imposed.

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