Rape charge reduced in Spotsylvania tae kwon do instructor’s case
A Spotsylvania County tae kwon do instructor who had been charged with rape pleaded guilty to a reduced charge and will serve no time in jail.
Jose Luis Acanda–Montano, 34, entered an Alford plea to two counts of assault on a family member in Spotsylvania Circuit Court Wednesday.
An Alford plea means that while he does not admit guilt he acknowledges there is sufficient evidence for a conviction.
Acanda–Montano had been charged with rape and sodomy and faced life in prison for an incident that was said to have occurred in February 2013.
Under a plea agreement, Judge Joseph J. Ellis sentenced Acanda–Montano to two years in prison with all of that time suspended.
He must submit to a psychosexual evaluation within the next 60 days, be placed on indefinite supervised probation, have no contact with the victim and be on good behavior for the next five years, Ellis ruled.
According to the plea agreement, the victim was hired as a live-in nanny at the family’s Heritage Hills home two weeks prior to the Feb. 4, 2013, incident.
She told police that while his wife was out of the country on a trip, Acanda–Montano forced himself on her as she was doing laundry.
She said the incident, which lasted about three minutes, started in the laundry room and ended in her basement bedroom.
Assistant Commonwealth’s Attorney Stephanie Fitzgerald said the plea agreement was made because of a lack of physical evidence and issues regarding the victim’s credibility.
She said the victim did consent to the terms of the agreement.
Though Acanda–Montano had not testified about what happened, defense attorney Robert Combs said that he disputes the victim’s version of events.
Combs said after court that he plans to get the felony charges expunged from Acanda–Montano’s record.
Acanda–Montano’s wife filed for divorce shortly after the most recent charges were filed, and moved out of state.
He is the owner of Boa Martial Arts Inc. on Bragg Road, which teaches tae kwon do, kickboxing and jiujitsu to children and adults. He was trained by the Cuban Sports Federation in Olympic-style tae kwon do.
The incident is not related to his business.
A two-day jury trial that had been scheduled to take place in September was canceled.
Portsia Smith: 540/374-5419