BRADENTON BEACH, Fla. (PIX11) — The couple caught on camera apparently having sex on a public Florida beach last year are now each facing more than a decade behind bars.
Jose “Benny” Caballero, 40, and Elissa Alvarez, 20, were both convicted of lewd and lascivious behavior by a jury on Monday, the Miami Herald reports. The sentences carry a maximum sentence of 15 years behind bars.
An angry grandmother recorded Cabellero and Alvarez going at on the beach in full view of others — including children — last July. “(Afterwards), they laid on the beach and passed out for hours. We thought they were dead, but when they woke up, they cuddled for a while, then started into the same thing they did before,” the woman said.
The couple’s lawyer argued that the two weren’t actually having sex, but Alvarez was “dancing on top” of Caballero and trying to wake him up. “You folks cannot speculate,” the attorney told the jury. “And in order to say they had intercourse, you would have to speculate.”
Since Cabellero recently got out of prison for cocaine trafficking, the judge will not have any discretion, and he will most likely be sentenced to the maximum time in prison. Alvarez has no prior arrests.
Cabellero and Alvarez’s family members say the punishment does not fit the crime.
“There are other things out there we need to worry about, and they’re still loose, people who have done worse stuff,” Cabellero’s mother said. Alvarez’s father said his daughter simply made a mistake. “She’s an 18-year-old woman, with a 40-year-old man,” said Carlos Alvarez. “I always say women can be better than men … but they fall in love, and they make a lot of mistakes.”
Both Cabellero and Alvarez will have to register as sex offenders.