Peo v. Pelico-Vargas

CourtColorado Court of Appeals
DecidedApril 16, 2026
Docket23CA0518
StatusUnpublished

This text of Peo v. Pelico-Vargas (Peo v. Pelico-Vargas) is published on Counsel Stack Legal Research, covering Colorado Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Peo v. Pelico-Vargas, (Colo. Ct. App. 2026).

Opinion

23CA0518 Peo v Pelico-Vargas 04-16-2026

COLORADO COURT OF APPEALS

Court of Appeals No. 23CA0518 Larimer County District Court No. 21CR742 Honorable Laurie K. Dean, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Hageo Misael Pelico-Vargas,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division I Opinion by JUDGE MEIRINK J. Jones and Lum, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(e) Announced April 16, 2026

Philip J. Weiser, Attorney General, Brenna A. Brackett, Assistant Attorney General, Denver, Colorado, for Plaintiff-Appellee

Megan A. Ring, Colorado State Public Defender, Robin Rheiner, Deputy State Public Defender, Denver, Colorado, for Defendant-Appellant ¶1 Defendant, Hageo Misael Pelico-Vargas, appeals the trial

court’s judgment of conviction entered on a jury verdict finding him

guilty of sexual assault on a child. We affirm.

I. Background

¶2 Pelico-Vargas started sending Facebook direct messages to his

cousin’s daughter, M.V-V., when she was fourteen years old and he

was twenty-three. The messages started out friendly but over time

grew more sexual. At the time, Pelico-Vargas lived in the same

trailer park area as M.V-V.

¶3 Shortly before M.V-V.’s fifteenth birthday, Pelico-Vargas told

her that he had a surprise birthday present for her. Pelico-Vargas

asked M.V-V. if they could meet up before she went to school.

Pelico-Vargas picked up M.V-V. in his car and drove to a nearby

park. Once he’d parked, he told M.V-V. to go into a portable

bathroom located at the park. M.V-V. went into the portable

bathroom, and Pelico-Vargas followed. Pelico-Vargas then tried to

take off M.V-V.’s clothes. M.V-V. told Pelico-Vargas that she was

nervous and that maybe they could meet up another day. Pelico-

Vargas touched M.V-V.’s breasts and “private parts.” He then

asked her to perform oral sex on him, to which M.V-V. said no

1 because “it was gross and [she had] never done it.” Pelico-Vargas

then told M.V-V., “You are going to like it, just bend down.” When

describing the interaction, M.V-V. said, “[He] pretty much like kind

of pushed me down toward his dick and forced me to suck it.”

When M.V-V. started to gag Pelico-Vargas told her, “[D]on’t be so

immature.” Pelico-Vargas then attempted to perform vaginal sex.

M.V-V. testified that at that point she was shaking and told him no.

Pelico-Vargas grew frustrated, and the two left the portable

bathroom.

¶4 At trial, M.V-V. testified to three other sexual interactions with

Pelico-Vargas. She testified that on one occasion when she was

fifteen years old Pelico-Vargas entered her parents’ house through

the window even though M.V-V. didn’t want him to come in. M.V-V.

told Pelico-Vargas that she wanted him to leave and didn’t want to

have sex, but Pelico-Vargas pushed her down on a bed and made

her perform vaginal sex. M.V-V. also said that on two separate

occasions Pelico-Vargas “convinced and forced” her to perform oral

sex on him when she met up with him to obtain marijuana that her

friend had paid him for.

2 ¶5 In October or November 2019, Pelico-Vargas’s girlfriend at the

time, Celestina Chavez, confronted M.V-V. at a family gathering.

M.V-V. and Chavez went to a nearby park and discussed M.V-V.

and Pelico-Vargas. In November 2019, Chavez confronted M.V-V.’s

mother, E.V-V., about M.V-V. and Pelico-Vargas having sex.

Chavez had Pelico-Vargas come outside during the interaction; E.V-

V. tried to slap Pelico-Vargas, but he ran into his house. In

January 2020, E.V-V. reported the allegations to a counselor at

M.V-V.’s school, who then contacted a school resource officer (SRO).

¶6 Pelico-Vargas was charged with sexual assault on a child

under section 18-3-405(1), (2), C.R.S. 2025; five counts of sexual

assault under section 18-3-402(1)(a), C.R.S. 2021; and one count of

second degree burglary under section 18-4-203(1), (2)(a), C.R.S.

2021. Before trial, the prosecution moved to dismiss one of the

sexual assault counts. The prosecution dismissed another sexual

assault count during trial after the prosecution’s presentation of

evidence.

¶7 At trial, Pelico-Vargas disputed when the acts occurred and

claimed that they were consensual. He testified that the portable

3 bathroom incident occurred in February 2018, when M.V-V. was

sixteen or seventeen years old.

¶8 The jury found Pelico-Vargas guilty of sexual assault on a

child with applied force for the portable bathroom incident and

acquitted him of the remaining three sexual assault charges and

the burglary charge. Pelico-Vargas was sentenced to an

indeterminate sentence of nine years to life in the custody of the

Department of Corrections followed by three years of mandatory

parole.

II. Discussion

¶9 Pelico-Vargas contends that (1) the trial court erred by

allowing the officer who initially interviewed M.V-V. to testify about

which cases he refers for investigation and about M.V-V.’s

credibility; (2) the prosecutor committed reversible misconduct

during closing and rebuttal closing arguments; and (3) the

cumulative effect of the errors deprived Pelico-Vargas of a fair trial.

We address and reject each contention in turn.

A. Corporal Downing’s Testimony

¶ 10 Pelico-Vargas first contends that the trial court erred by

admitting Corporal Russell Downing’s testimony because his

4 statements (1) described a screening process suggesting that Pelico-

Vargas was guilty and (2) implied that he believed M.V-V.’s version

of events. We disagree.

1. Additional Facts

¶ 11 Downing testified that he met with M.V-V. at her high school

after an SRO had reported a possible sex offense. Downing met

with M.V-V., the SRO, E.V-V., a family liaison who was translating

for E.V-V., and Downing’s trainee to conduct what he referred to as

a “minimal-facts interview.” Downing explained the responding

officer’s role in these types of situations:

[W]e conduct minimal-facts interviews on possible sexual assaults. And the purpose of a minimal-facts interview is to establish the who, what, where, and when of a case. So we establish who was involved, what occurred, when it occurred, and what happened during the incident.

The purpose of that is when we take a sex assault case on the street, we get that minimal information and then we establish whether or not we think a sexual assault had occurred. If we believe it had, then we contact our on-call investigator, and we forward the case to investigations.

So the reason we don’t get in depth in an interview for minimal facts is so we don’t further subject the victim to repeated reliving

5 and retelling of the incident and further trauma with both myself in that place and the investigator doing an investigation.

Downing testified that M.V-V. told him that, before her fifteenth

birthday, Pelico-Vargas contacted her and asked to take her to

school. She agreed, but on the way to school “they stopped at the

playground . . . where the sexual assault occurred.” When asked

about the Facebook messages, Downing testified,

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