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BP agent pleads not guilty to sex with minor

Posted: 4:12 PM, Jan 07, 2016
Updated: 2016-01-08 00:12:28Z

SAN DIEGO - A Border Patrol agent accused of having sexual contact with an intoxicated girl he allegedly plied with cocaine and used to produce child pornography pleaded not guilty Thursday to felony charges.

Daniel Alfredo Spear, 45, faces 16 years and four months in state prison if convicted of seven counts, including oral copulation of an intoxicated minor, providing cocaine to a minor and use of a minor in the production of child porn.

Spear remains free after posting $275,000 bail. Judge David Szumowski ordered the defendant to have no contact with the victim -- who is between 14 and 18 years old -- and to relinquish his firearms to a gun dealer or family member within 48 hours.

Spear is on administrative leave from the Border Patrol while the case is pending, said defense attorney Kerry Armstrong.

Deputy District Attorney Marisa Di Tillio said the alleged offenses took place between last July and October at the defendant's home and at a hotel in San Diego. The defendant was arrested New Year's Day during a traffic stop at a Lemon Grove shopping center near his home.

Spear will be back in court Feb. 18 for a readiness conference and March 3 for a preliminary hearing.