By Nicole Mayer
WOODLAND, CA – The father of the victim attended a hearing in Yolo County Superior Court this week to deliver a victim impact statement regarding the “injustice” of the court’s decision to give a reduced sentence to an accused, who faced two felony charges of assault with intent to commit a sex crime on a minor along with committing lewd or lascivious acts on a child under the age of 14.
The man also faced two enhancements of prohibition against probation of a person convicted of a sex crime, and prohibition against probation as a person convicted of lewd acts on a child.
At the start of the hearing, Deputy District Attorney David Robbins spoke, making the court aware that a plea deal had been reached—and the charge was reduced to a misdemeanor.
Judge Tom M. Dyer allowed the victim’s father to approach and deliver his statement, which began, as read by the victim’s advocate, “I, the father of the victim, do not believe justice is being served. A misdemeanor, 30 days in jail, and probation.”
Continuing on, the statement claimed, “All I want for my daughter is that she is emotionally well. I was unaware of that at the moment of her not wanting to proceed with the case, it automatically turned into a misdemeanor. But I repeat, I respect my daughter’s decision.”
The advocate ended the father’s emotional statement, mentioning “I just hope he knows what he did, and the emotional harm he caused by trying to sexually abuse my daughter at the age of 12 years old.”
Judge Dyer thanked him and recognized the plea of no contest to the charges, explaining the plea agreement included three years of summary probation, 30 days in jail, a fine, and additional education along with testing.
After the statement, Defense Attorney Charles Pacheco claimed he wasn’t aware of the fact that the victim was unwilling to participate when entering into this agreement, and told the court, “We might need to change it.”
Judge Dyer then asked DDA Robbins and Pacheco to discuss the agreement once more.
After returning and continuing the case, Robbins requested they stick to their original resolution, and add a criminal protective order that is no contact with the victim.
Judge Dyer ruled one of the counts to be a misdemeanor, in regard to the solicitation of lewd conduct in a public place.
Finally Judge Dyer accepted the plea of no contest, dismissing Count 1, 2 and one of the enhancements, as well as sentencing him to three years of summary probation, 30 days in jail, and he assigned him a surrender date of Dec. 5.
Judge Dyer ended the hearing, imposing a fine of $950, payable at $50 monthly.
