Gainesville Man Begins Serving 15-Year Prison Sentence for Sexual Battery After Jury Trial
Marlon Herber Mercado Esquilin, 49, has started serving time in prison following a jury trial and conviction for sexual battery. Judge David Kreider sentenced him to 15 years in prison, the maximum sentence.
Esquilin was facing another count of sexual battery, but after he was convicted of one, prosecutors dropped the case for the other.
Arrest 1 (Convicted)
On April 8, 2023, Alachua County Sheriff’s Office (ACSO) deputies arrested Esquilin and charged him with sexual battery. The day prior, Esquilin, his girlfriend or spouse Rita Kane, the victim and her husband all joined each other for drinks at Esquilin’s home. They’ve all known each other for years and were celebrating the purchase of Esquilin’s home. The victim’s home was walking distance from Esquilin’s home.
The victim and her husband arrived at Esquilin's home around 10:00 p.m. The husband took prescription sleeping medication before arriving and it began taking effect when he was at Esquilin’s house. The husband left the house and the victim stayed for drinks with Esquilin and Kane.
Deputy Andrew Adams reported that after speaking with Kane, and the victim, it was determined that at around 11:00 p.m., Esquilin made the victim a mixed alcoholic drink. The victim already had multiple drinks that night but did not have a great level of intoxication. Upon drinking the beverage Esquilin made, the victim blacked out and woke up to Esquilin sexually assaulting her.
Esquilin was booked into jail on a $100,000 bond which he posted later that month.
Arrest 2 (Not Convicted)
On October 31, 2024, Esquilin was arrested again on a warrant for a new sexual battery case against a different victim.
The victim gave a forensic interview on January 31, 2024, regarding the offense that Esquilin committed against her between the nighttime hours of March 19, 2022 and the early morning the following day. This incident also involved Esquilin inviting the victim, his neighbor, over for drinks with Kane.
After they had dinner, Esquilin’s cousin, Antonio Mercado, arrived at the home with a bottle of liquor.
According to the police report, “The victim described the atmosphere as ‘relaxed’ and stated that the group was enjoying one another's company when [Esquilin] and Mercado entered the kitchen and began to prepare shots of the alcohol furnished by Mercado. She recalled [Esquilin] preparing only three shots initially, despite the presence of four adults, and then instructing Kane to prepare a fourth. The victim expressed a lack of hesitation in accepting the shot due to the social setting. The victim recalled consuming only two alcoholic beverages and indicated that she had been ‘drinking quite heavily’ for the months preceding this incident. The victim further stated that she had not consumed enough alcohol to begin to feel intoxicated prior to consuming the shot of liquor and then began to feel instantaneously intoxicated.” Her next memory was waking up on Esquilin’s couch with no knowledge of her whereabouts. The victim was nude from the waist down and began searching for her clothes.
The victim told authorities, “I don't remember ever even finishing my second glass of wine, which is really weird because I was a heavy drinker in those days and I could put away a couple bottles of wine… It took a whole lot more [to black out]... Like a half of a handle or something. I could easily do two plus bottles of wine and be fine."
The victim sought medical treatment and a sexual assault evaluation. She told authorities, “It felt like something had happened. As a female, you can feel... you know... And then, also, there [were] several bruises… I did believe something had happened but I had no recollection… I've had sex before and it felt... It, just, was off."
Initial DNA evidence from the victim’s sexual assault kit identified Esquilin as a “likely contributor.” Further testing showed DNA collected from the victim’s privates is “700 billion times more likely” than not to be contributed from Esquilin. He was unable to explain this when questioned by police.
Despite the mounting evidence, prosecutors with the Eighth Judicial Circuit State Attorney's Office dropped the case on April 9, 2026, a little over two weeks after Esquilin was sentenced for his conviction.
On April 15, 2026, the Florida Department of Corrections took Esquilin into custody and he’s currently at the Reception and Medical Center.
