Judge Christi Kennedy speaks during a trial for Barbara Lynn Orpineda at the 114th District Court with Judge Christi Kennedy in Tyler, Texas, on Wednesday, Oct. 10, 2018. Orpineda is accused of sexually assaulting a former student while she was employed as an elementary school counselor at Arp Elementary School. (Chelsea Purgahn/Tyler Morning Telegraph)

It took less than two hours for a Smith County jury to return a guilty verdict for a former Arp Elementary School counselor accused of sexually assaulting a former student who is a teenager. 

Barbara Lynn Orpineda, 32, was sentenced Wednesday to five years in prison. The trial began Tuesday in the 114th District Court.  

She faced up to 20 years in prison and turned down an eight-year prison sentence as a plea offer from the state. After the conviction, the state sought a 10-year prison sentence.  

Orpineda was arrested Oct. 25, 2017, and charged with two counts of having an inappropriate relationship with a student and two counts of sexual assault against a child. However, she was tried for one count of sexual assault of a child. 

Smith County Assistant District Attorney Noah Coltman said the law says if you engage in sexual acts with a 15-year-old child you committed sexual assault.  

“The law doesn’t give you the ability to consent; they are still victims,” he said. “Everyone is in this courtroom because of what Barbara Orpineda did. That is why we are asking you to send her to prison for 10 years.”  

Orpineda’s defense attorney Bobby Mims told the jury probation is a hammer that can be held over her head.

“She has to maintain employment and she will be a registered sex offender for the rest of her life,” he said. “She has three children. I want you to consider that. Many sex offenders don’t get parole they do the whole sentence. I’m asking you to give her 10 years or less and suspend that sentence so she can be on probation.”

The state countered the defense’s argument by describing Orpineda as a sexual predator and a pedophile. 

“This conduct in no way, shape or form deserves probation,” Smith County Assistant District Attorney Bryan Jiral said. “That means she gets to go home. She has already risked everything she had when she did this back in 2017 and when she showed them the picture back in seventh grade. You aren’t taking anything away from her that she didn’t already throw away. She already risked her marriage and family when she had the affair.”  

Orpineda testified on Wednesday she believes the rumors about the inappropriate relationship got away from the boys and they didn’t have an option to recant their stories because they are adults now and scared that they could be held accountable for those actions.

“This is just one-upping locker room talk,” she said. “He made this up out of the blue and I’m not sure if they fed themselves these rumors so much that they misconstrued it. I know they are lying.” 

Orpineda’s defense team recalled to the stand a victim in the case. They also called a woman who worked with Orpineda, a friend of the victim and a woman who knew the victim and the Orpineda family.  

In closing arguments, the state asked the jury to find the defendant guilty. 

The prosecutor told the jury not to give Orpineda any benefit for being a woman.  

“She created this secular bond and she used them the same way a man would use a little girl,” he said. “She groomed them and showed them intimacy, flirted with them, made them feel special and eventually isolated them on the side of the road. That’s why she told him how to turn her on and that’s when she (performed a sexual act on him).”       

The defense asked the jury to consider that the state was never able to produce the photos, texts or social media messages Orpineda was accused of sending to the victim.

Orpineda’s defense attorney asked the jury to take into account the victim was an adolescent and made the story up as locker room talk and a “one-upping” effort. He said the allegations were started by a scorned woman, that woman being the wife of the man with whom Orpineda had an extramarital affair. 

He said the woman made Orpineda’s life difficult by harassing her at school and through phone calls and text messages.  

The state didn’t call any witnesses during the punishment phase. The prosecutor said the witnesses already had spoken and their evidence already had been presented.  

Orpineda’s defense attorney asked the jury to consider a probated sentence.  

Orpineda’s sister testified she was a good mother to three children under the age of 8.  

She said Orpineda has not had a felony conviction, something Orpineda’s attorney said qualified her for a probated sentence if the jury elected to impose a prison sentence of 10 years or less.  

A former co-worker testified she student-taught in Orpineda’s classroom.  

She said Orpineda is a wonderful person and described her as very upstanding.  

“We were both cheer sponsors,” said the teacher, who has been an educator for six years. “The Arp ISD is at a loss without her.” 

The prosecutor asked the teacher if she would contact a student on Snapchat at midnight. She testified that she would not, but said the media coverage of the trial has not changed her mind about Orpineda.

Orpineda’s husband said the two had no marital problems.

Jesse Orpineda said the two have been married for 10 years as he held back tears and talked with a trembling voice. 

“We have three little ones, a 3-year-old, a 6-year-old and a 9-year-old,” he said, adding that he loves his wife. 

Jiral, one of the prosecutors, asked Jesse Orpineda if there was a male coach who had a sexual relationship with his daughter would he want that man to have a probated sentence.  

He said he would need evidence to answer that question.

He said his wife has reported to the probation office every week and complied with every condition of her bond.  

Jesse Orpineda asked for a probated sentence for his wife for the sake of his kids.  

The Tyler Morning Telegraph does not name victims of sexual assault. 

This story has been updated to correct an earlier version.