GREEN BAY, WI (WTAQ-WLUK) — A judge ordered a “psycho sexual evaluation” be performed on Miles Cruz before he is sentenced for attacking a woman on a De Pere trail — delaying his sentencing by two months.
Cruz, 18, pleaded no contest in October to four charges for the Oct. 5, 2021 incident on the East River Trail. Cruz faces up to 116 years in the prison system. Prosecutors will cap their recommendation at 40 years in prison and 15 years of extended supervision. The defense can argue for whatever term it deems appropriate. Judge Tammy Jo Hock is not bound by those recommendations when she issues her sentence.
In a letter to the judge, probation and parole agent Tracy Heaney requested the additional evaluation as part of that process.
“The justification for this request is due to the nature of the offense, Mr. Cruz’s age, and to evaluate his overall risk. This evaluation would allow this writer the ability to determine an appropriate sentence recommendation as it would apply to his risk. An evaluation would allow a targeted assessment of his mental health, sexual dynamics, and both his mitigating and dynamic risk factors, and how each might be related to each other,” Heaney wrote.
Psycho sexual evaluations are used to systematically assess a person’s social and sexual history, deviant or paraphilic interests and the risk of sexual reoffending in the future.
Neither the District Attorney nor Cruz’s attorney objected to the request Friday in court. Judge Tammy Jo Hock then approved the evaluation.
Because of the time needed for it, sentencing was postponed from Jan. 6 to March 3.
According to the criminal complaint, the victim was walking on the trail with her son Oct. 5 when the attack happened. Prosecutors allege Cruz put a sweatshirt over the victim’s head, pulling her backwards. The victim told police she fought to get away, but the attacker squeezed her neck, causing her to lose consciousness. However, she did remember being sexually assaulted.
Police found Cruz’s backpack in the area, and later found him, as well. He said he had slept in a nearby park in Allouez. DNA evidence tied Cruz to the victim, the criminal complaint says.
