While Arnaldo M. Hernandez remains a fugitive after accepting a plea deal on a child molesting charge and subsequently fleeing from authorities, the victim’s father faced an arraignment hearing April 2 on a battery charge alleged by authorities after a related altercation outside the courthouse.
He pleaded not guilty and now faces a pre-trial conference next week.
Prosecutors are alleging the father of the victim in the molesting case assaulted Hernandez in mid-February outside of the San Benito County Courthouse.
The victim, age 5 at the time of the reported assault, and her parents were arriving at the courthouse that day when they were told a scheduled hearing in the sex-abuse case was put off due to a plea arrangement. Hernandez had agreed to the felony charge of lewd and lascivious acts against a child under age 14 – he was accused of molesting the girl in February 2012 – under the condition that a doctor would evaluate his mental state to influence the sentence.
Hernandez, out free without bail considerations since his arrest and also accused by the victim’s family of being an illegal immigrant, failed to appear for the mid-March hearing where a doctor was to evaluate him before a sentencing.
If apprehended, Hernandez faces up to eight years in prison. The victim’s father, whom the Free Lance is not naming to protect his daughter’s identity, could face up to six months in jail if convicted of battery.
The father’s pre-trial hearing is set for 4 p.m. April 11 in room 101 before Judge Steven Sanders.
