Trial for BP Agents Accused of Sexual Acts at Cirque du Soleil Continues

The trial of two Border Patrol agents from the Imperial Beach station accused of battery, being drunk in public and public sex acts in front of children and other people at a Cirque du Soleil show in Del Mar last year continued Tuesday.

District Attorney's Office spokeswoman Tanya Sierra told IB Patch that Gerald Torello and Kallie Helwig face two counts of lewd conduct, one count of child molesting, one count of battery and one count of making a criminal threat, all misdemeanor charges.

If convicted, the two would be required to register as sex offenders but may qualify to have their names expunged from the registry, according to state law.

While off-duty at the show, members of the audience claimed that Helwig, 24, had her hands and head in the lap of Torello, 35, and appeared to be performing sexual acts.

Repeated requests to stop from members of the audience were ignored until security got involved, said sheriff's Lt. Kenn Nelson.

Since no one in the audience reported seeing the acts take place, initially charges were not filed against Torello or Helwig for the alleged sexual acts, Nelson said.

Deputies from the sheriff's department's Encinitas station arrested Torello and Helwig after an altercation with a man and his wife after the show.

A witness who became emotional on the witness stand Tuesday testified that Torello threatened to kill him and Helwig punched his wife in the face.

Click here to visit CBS8 and see video of testimony.

Torell and Helwig face up to a year in jail if convicted, CBS8 reported.

Both agents were placed on leave last June after the alleged incident and altercation after the show.