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C’bad man to register as sex offender for sex act with teen

CARLSBAD — A 24-year-old man convicted of engaging in sexual relations with a teenage girl at a Carlsbad elementary school will have to register as a sex offender for life, a San Diego Superior Court judge ruled Nov. 9.
Judge Daniel Goldstein said the one unique factor in the case was that the crime occurred on school grounds, which he said coupled with the fact the victim clearly appears to be underage warranted sexual offender registration by Leo Burns Welnick.
Welnick, of Carlsbad, pleaded guilty in September to one felony count of oral copulation by a person over 21 on someone under the age of 16 and false imprisonment in connection with a June incident at Magnolia Elementary School with a then-15-year-old Carlsbad girl.
Additionally, Welnick received 365 days in county jail and will be placed on three years probation. He has credit for 183 days served in jail.
In accordance to his plea deal, two felony charges — forcible oral copulation and kidnapping — were dismissed. Welnick had faced more than a decade in prison.
Deputy District Attorney Elisabeth Silva said one of the considerations for the plea agreement was protecting the victim from having to testify at trial.
In a Vista courtroom filled with approximately 20 family and friends of Welnick, the teenage victim and her mother addressed the court.
“His actions have ruined our family,” the victim’s mother told the court. “He’s sick and I will forever hate him.”
The teenage girl, who wiped back her tears, said anytime she hears the name “Leo” she begins to cry.
“You’ve brought nothing but shame to your family name,” the victim said as she addressed Welnick, who stood behind the opaque glass of the courtroom’s holding cell in his jail jumpsuit. “Because of you, I lost my innocence.”
Welnick’s attorney, Brad Patton, told the court his client suffered from bipolar disorder and at the time of the incident had stopped taking his medication. Patton said he believed Welnick’s mental illness got worse around that time due to the breakup with his long-term girlfriend, who was older than him.
Following the sentencing, Patton said the outcome was as good as gets. He said Welnick had admitted to police that he had sexual relations with the victim who he believed to be 17.
“It was a fair result,” Patton said. “I do not think he should be a lifetime sex registrant.”
Patton said the act between Welnick and the victim was consensual. “I think one of the realities is teenagers in high school engage in sexual relations,” he said.
The victim said Welnick overheard her and her friend discussing oral sex, at which time she was advising her friend not to engage in it with her boyfriend.
Prosecutors alleged Welnick grabbed the victim’s legs and arms, and wrapped them around him and then moved her to a secluded area of the playground where he forced her to give him oral sex. However, Patton said the girl had instigated the movement by wrapping herself around Welnick.
With her friend a short distance away, the victim had ample opportunity to remove herself from the situation, Patton said. “She did not yell, scream, hit, punch, say no; she didn‘t do anything,” he said.
Further, Patton said the reason Welnick was on the school grounds that evening was to walk his dog, which he did on a regular basis.

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13 comments

let's be real November 10, 2009 at 2:24 pm

the child in this case is 15 years old, she turned 15 in May! this took place in June.
the girls were having a private conversation and walked away from him several times, he kept following them. they told him they were 15 when he asked their age. when that 24 yr old man was forcing himself on that child, he told her to ‘look him up’ when she turned 18. have you read his MySpace from 2007, he wrote that his hobbies are ‘leaving used condoms around his apartment complex’. he’s a sicko and should have gone to prison! living at home with his parents, they should have made take his medication! the 15 yr girl is the victim of a preditor! you, as a writer of this so-called newspaper should go to work for TMZ, you have been exploiting this case from the beginning and should be fired!

Pissed in Cbad November 10, 2009 at 2:57 pm

Patton says “I think one of the realities is teenagers in High School engage is sexual relations.” Yes but thats not what happened here a 15 year old child was forced to have oral sex with a 24 year old man. This child should be praised for reporting what happened, her strength may have saved another child from getting hurt. My prayers and love go out to you and your family. This was an act of violence not your fault. Remain a child and continue to believe in yourself and your future.

let's be real November 10, 2009 at 3:17 pm

i have more to say about this to you…
The act was NOT consensual, how dare you write that! i find it very hard to believe that he thought she was 17, even if she was, she is still a minor and a 24 yr old man should have walked away. who knows why she didn’t yell or scream, probably because she was scared, in shock, he had his dog with him if you recall. you know she said NO, and that why he pulled her hair and FORCED her, she vomitted, and he still FORCED her. he ejaculated all over her, they found his DNA on her shoes and on the asphalt at the school. so please, let’s be real, he got what he deserved, barely…

fellow teen girl November 10, 2009 at 5:54 pm

all of my surfer guy friends tell me this leo is a pervert who would take pictures of girls in bikinis down on the beach! consensual. CONSENSUAL?! if i know anything about teen girls, 18 (three year law) is the limit. and even for most girls they stay within their grade. to that whole consensual thing, her friend must have been an idiot.

anonymous November 10, 2009 at 7:05 pm

he should have gone to prison for atleast minimum of 5 years.I think sexual assault againt minors should atleast a 5-life crime.If i saw this guy id hurt him. alot more then enough

THE MAD UNCLE ! November 11, 2009 at 9:12 am

Its clear to me your reporting stops at the court room door. The rest is heresay from the defendants'(now a life long sex offender) view point. again we the overtaxed paying mothers, fathers, brothers, sisters, uncles etc.. must now read untruths that can be harmful and forever hurtful to any youths’ future.
YEA I’M PISSED!!!
…and shame to you COAST NEWS.
GET IT TOGETHER.

anonymous November 11, 2009 at 9:24 am

and to be let off easier because the now accused was not taking his medication!! seriously?!
this man forced a young girl into a situation she did not agree to!
regardless of her inactions to scream to her friend or run away..
fear can keep any person from thinking rationally.
shameful you at the paper and the courts would expect a 15yr old girl to know ‘how’ to deal with this situation better… or rather in fact AT ALL!

OH MY ! November 11, 2009 at 12:03 pm

RANDY KALP YOU ARE AN IDIOT AND SHOULD HAVE TO REGISTER AS SUCH HOW DARE YOU WRITE AS IF IT IS TRUE WHAT THIS 24 YR OLD PERV SAYS A 15 YR OLD CHILD DID TO HIM HE PLED GUILTY ENOUGH SAID. WHAT ARE YOU OFF YOUR MEDS ALSO OR DO YOU BELONG TO THE SAME CLUB THIS SICKO IS A MEMBER OF. YOU SHOULD TRY TO BE A REAL REPORTER AND MAYBE DO SOME RESEARCH ON HOW CHILDREN DEAL WITH SUCH A HORRIBLE THING YOU MAKE ME SICK!!!

overtheline November 11, 2009 at 6:44 pm

I’m pissed too!

How dare you? How dare you expose a molestation on Carlsbad school grounds? How dare you expose multiple molestations by a teacher at a Carlsbad elementary school? Take a note a from the North County Times and San Diego Union Tribune and keep your nose out of Carlsbad!

WHO KNOWS November 14, 2009 at 12:03 am

NONE OF YOU WERE THERE WHEN THE CRIME WAS COMMITTED, HENCE YOU KNOW NOT WHAT OCCURRED. THE GIRLS IN HIGH SCHOOL THESE DAYS MAKE BRACELETS FOR BOYS BASED ON WHAT THEY’RE WILLING TO DO WITH THEM. THE TYPE OF BRAID USED IS BASED ON WHAT THEY ARE WILLING TO DO WITH THE BOY. E.G. BLOWJOB, SEX, OR BOYFRIEND, ETC… AS YOU HEARD IN THE VICTIM’S TESTIMONY, SHE MADE A BRACELET FOR MR. WELNICK. DOES THAT SOUND LIKE SHE WAS TRYING TO GET AWAY FROM HIM? NOPE… SHE SUCKED HIS DICK AND THEN SMEARED HIS FAMILY NAME BECAUSE SHE REGRETS WHAT SHE DID. PROBABLY WAS HER FIRST TIME AND SHE FELT ASHAMED. SHE SAID HE TOOK HER INNOCENCE. HA! SHE THREW HER INNOCENCE OUT THE WINDOW WHEN SHE WAS TALKING ABOUT GIVING BLOWJOBS TO HER BOYFRIENDS. THE ONLY CRIMES HERE WERE HER LIES.

Boondock Saint November 16, 2009 at 11:12 am

There is a special corner of Hell for twisted sicko bastards like this Welnick, and those who support the like..Karma is a KILLER>>>I’m certain he will eventually find his way there sooner or later!!

macdawg November 18, 2009 at 5:59 pm

why can a 15 year old be tried as an adult for criminal cases but treated as an “innocent child” when she gets caught giving a bj? She said she was talking with her friend about giving oral sex. That just goes to show that girls their age DO participate that sort of thing so dont say she’s too young and innocent because she’s not. True, she is a minor and what Welnick took part in WAS illegal. However, I doubt she was forced into anything, since she didnt run away or yell for her friend to help. How is it even possible to FORCE oral copulation? Why wouldn’t she just bite down really hard and run away? This girl is just too afraid to admit what she did. Her parents just cant handle the fact that their (not so) innocent little daughter would s*ck a d*ck. Even after all this, she is still a slut.

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