Appellant agreed to babysit his three grandchildren and A.A. one night so that their parents and two friends could go out for a late night dinner and drinks. A.A., who was four years old at the time, was close to appellant and called him "Gampy." Before the group left, they put the children to bed; A.A. had a pallet in the living room made of blankets and pillows.
Appellant's daughter, Jackie Delavega, texted appellant over the next few hours to check on the children. At some point, appellant's texts became nonsensical and she called him. Appellant was slurring his words, and Jackie was concerned he was drinking. She told the group they needed to get home.
When they arrived at Jackie's house, the group entered through an open garage door. Jackie and her two friends, one of whom was A.A.'s mother, Cecilia, went to the living room. When they walked in, they saw A.A. lying on her back on the floor; appellant was down on his stomach with his head at her genital area. As one of the women described the encounter, appellant was "positioned as if he was giving her oral." A.A. got up, and the women noticed she was naked from the waist down; appellant was holding her shorts in his hands. A.A. looked "relieved" to the see the women and "scared." Appellant appeared very intoxicated.
Cecilia called the police and took A.A. to the restroom, where they waited until the police arrived. While in the restroom, A.A. told her mother that "Gampy touched her and licked her no-no," which was A.A.'s word for vagina. After officers arrived, Jackie was outside with her father and asked why he did "this." Appellant responded, "Why would you ask me to stay with the kids when you know how much I like to fuck children?"
That night, Cecilia took A.A. to the hospital, where she was given a sexual assault examination. During the exam, the SANE nurse collected oral, anal, labial, and fingernail swabs from A.A. Male DNA, linked to appellant, was found on A.A.'s vaginal swabs. The analyst testified that the DNA found on the swabs could have been transferred there by saliva or touching. During a forensic interview at the Collin County Child Advocacy Center, A.A. said she did not want to talk about the incident and said she was scared of Gampy.
Delavega v. State, No. 05-21-00229-CR, 1-2 (Tex. App. May. 17, 2022)