An Oakland man accused of engaging in inappropriate conduct with a 4-year-old girl was convicted of felony fifth-degree criminal sexual conduct and false imprisonment Wednesday.

Fortino Zarate, 28, was convicted by Judge Steven Schwab 12 days after the four-day bench trial in the case concluded Dec. 12.  He was acquitted of kidnapping and indecent exposure.

“Given the credible statement by the victim and her testimony in court, given the corroborating testimony of the other witnesses and the statements and actions of (Zarate), the court finds that the state has proven the charges of criminal sexual conduct-fifth degree and false imprisonment beyond a reasonable doubt,” Schwab said in a six-page decision.

“Given the lapse of time and the lack of corroborating evidence of any kind, the court finds that the state has failed to prove beyond a reasonable doubt the offenses kidnapping and indecent exposure,” Schwab wrote.

Court documents state Zarate was charged after the victim was dropped off by her mother at a neighboring house Aug. 21 so she could play.

The girl came back to her mother’s house after the incident visibly upset, court documents state.

In an Aug. 22 forensic interview, the victim said Zarate picked her up in his arms, ran with her to his house and engaged in inappropriate conduct, court documents state.

Sentencing is scheduled for March 18.

The state is seeking an aggravated sentence because it believes Zarate knew the victim’s age prevented her from fighting back and escaping during the incident.

 

See what happened last night in the PM report here.