BAKERSFIELD, Calif. (KBAK/KBFX) — A federal judge ruled on Tuesday that Bakersfield police detective Marc Lugo, who is charged with sexual exploitation of a minor, can be released from custody on a person recognizance bond.

Lugo, who appeared with long hair to his shoulder and wearing an orange jumpsuit, was escorted inside the courtroom by two U.S. Marshal officers and seated beside his defense attorney, David Torres.

Background

Lugo, who was 35 at the time of his arrest in May, is accused of contacting a 15-year-old girl from South Carolina on Instagram to commit a sexual offense.

The case was initially handled by the Kern County Sheriff’s Office but was handed off to federal prosecutors last month.

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What the prosecution said

A United States prosecutor argued that Lugo should stay in custody due to the nature of the evidence that has been presented in the case. He used examples of explicit text messages, reportedly exchanged by Lugo and a 15-year-old, to try to prove his point.

As some of the text messages were being read aloud in the courtroom, Lugo avoided eye contact with anyone, looking down while seated. The prosecutor suggests the language used in the text message presents Lugo as a danger to the public.

The prosecutor also brought up Lugo’s alleged attempts to hide the evidence by using secret photo vault apps, which the prosecutor claims could only be accessed by U.S. Secret Service digital forensics experts.

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The U.S. attorney brought up Lugo’s position at the Bakersfield Police Department and his experience in the Special Victims Unit, suggesting that it “likely facilitated these crimes“ that Lugo allegedly committed.

The prosecutor gave credit to Lugo, saying that he sought counseling on his behavior, but only after he was arrested, and that his action to try and rehabilitate should “be taken with a grain of salt” by the court.

Concerns were also brought up by the prosecutor over Lugo’s flight risk.

Torres was then given a chance to argue the U.S. government’s concern over a release.

What the defense said

Lugo’s attorney said the pretrial service office, which would monitor Lugo’s whereabouts while away from custody, has steps to ensure that Lugo would present no risk to the community.

Torres said that his passport has been surrendered, and there would be no risk of Lugo traveling abroad.

There were also concerns of a firearm being present, since it was brought up that Lugo’s wife, who was also present inside the courtroom, is also a police officer at BPD and has a position within SVU. Torres argued that the firearm will be kept in a safe away from where he will be staying.

Torres also said that Lugo would not have access to electronic devices and that there would be no internet connection inside the home where he would be staying, making it difficult for him to communicate with anyone outside. Access to devices was a main concern for the U.S. prosecutor.

His defense also suggested that Lugo’s ex-wife has agreed to supervised visits with the two children they have together.

What the judge ruled

Magistrate Judge Christopher D. Baker responded after both sides presented their argument, saying that the charges in the case are “horrifying” and “reprehensible.”

He also said that Lugo “significantly abused trust” with the community, given his position as a sworn officer.

Judge Baker noted that no evidence suggested that there were multiple victims in the case, but that it did “not minimize conduct” that is alleged against Lugo.

The judge also presented Lugo’s support from family, with the presence of his wife in court and a letter given to the judge that was written by his ex-wife.

Judge Baker ultimately decided that Lugo would be placed on home detention and location monitoring devices, under conditions set by pretrial services.

Some of those conditions include:

Providing a DNARestricting travelStaying at least 100 feet away from areas where children are normally present (i.e. schools, playgrounds, etc.)Restricting contact with the victim, unless approved by the pretrial services office

He can be released as early as 8 a.m. Wednesday, but Lugo could stay in custody longer if the U.S. filed a motion before then.

A preliminary hearing is set for November 13. If convicted, Lugo could face up to 30 years in a federal prison.