Crime & Safety

Border Patrol Agents Will Stand Trial for Lewd Acts in Public Charges in Del Mar

Gerald Torello and Kallie Helwig – who were off duty at the time – face misdemeanor charges of battery, annoying or molesting a child, and two counts of performing lewd acts in public.

A trial date has been set for Gerald Torello and Kallie Helwig, two Border Patrol agents accused of committing sex acts near children during a performance of Cirque du Soleil in Del Mar earlier this year. The trial date was set for Jan. 28.

Last month, a judge ordered Torrelo and Helwig to stay away from a Navy doctor who complained when she saw the couple groping each other during the performance.

Torello, 35, and Helwig, 25 – who were off duty at the time – face misdemeanor charges of battery, annoying or molesting a child, and two counts of performing lewd acts in public. Torello is also charged with making a criminal threat.   

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A witness to the May 27 incident, Navy psychiatrist Chai Wu, testified during a bail review for the defendants last month that Torello gave a nearby child a high-five as he continued his sexual intimacy with Helwig.   

Wu also testified that she feared for her safety because Helwig attacked her after she drew attention to the couple.   

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According to court documents, Wu and others were at a matinee performance of Cirque du Soleil when the defendants sat down next to Wu's husband, Navy officer Devlin McNeil.   

Helwig and Torello began “kissing, fondling and groping” each other, causing them to bump into McNeil as he tried to watch the show, according to prosecutors.    McNeil and Wu repeatedly asked the defendants to stop the behavior, and Torello responded by saying, “Talk to her (Helwig) like that again and I will kill you,” court documents allege.  

 At the end of the show, Helwig and Torello allegedly confronted Wu and her group near an exit.   

The victim's group heard Torello say to Helwig, “I know you're a tough girl. You can take her. Don't chicken out,” according to the prosecution.   

Prosecutors allege Helwig punched Wu in the eye and jaw and Torello grabbed the victim by the arms.

The defendants remain on administrative leave from the Border Patrol while their case is pending.

–City News Service

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