TUCSON, Ariz. - A federal grand jury in Tucson returned a two-count indictment yesterday against Arthur Cornelius Jose, 55, of Sells, Ariz. charging him with Aggravated Sexual Abuse of a Minor. Both Jose and the victim, a 10-year-old boy, are members of the Tohono O'odham Indian Tribe in southern Arizona. Jose is in federal custody pending trial.

A complaint filed on February 19, 2008, alleges that Jose was staying at the boy's home on the Tohono O'odham Indian Reservation on June 16, 2007, when late in the evening the child entered Jose's bedroom to get water for the boy's mother at her request. While in the bedroom, Jose was laying on the bed and grabbed the boy by the arm, pulling the boy on top of him. Jose admitted to having pulled down the boy's pants and touching various parts on the boy's body. The indictment alleges that on or about June 16, 2007, Jose engaged in sexual acts with the young victim.

A conviction for Aggravated Sexual Abuse of a Minor carries a maximum penalty of life imprisonment and a $250,000 fine or both, for each count. In determining an actual sentence the assigned judge will consult the U.S. Sentencing Guidelines, which provide appropriate sentencing ranges. The judge, however, is not bound by those guidelines in determining a sentence.

An indictment is simply the method by which a person is charged with criminal activity and raises no inference of guilt. An individual is presumed innocent until competent evidence is presented to a jury that establishes guilt beyond a reasonable doubt.

The investigation preceding the indictment was conducted by the Federal Bureau of Investigation and the Tohono O'odham Police Department. The prosecution is being handled by Raquel Arellano, Assistant U.S. Attorney, District of Arizona, Tucson.

CASE NUMBER: CR-08-0470-TUC-JMR

RELEASE NUMBER: 2008-088(Jose)