The father of the victim in a child sex-abuse case accepted a plea deal Thursday on a charge related to his February altercation with the molestation suspect outside the courthouse.
The Hollister man, initially charged with misdemeanor battery that carried a possible six-month jail sentence if convicted, accepted the plea agreement to a lesser charge – unlawfully fighting in a public place – and is not scheduled to spend time in jail.
His sentence calls for three years of probation and 90 days of incarceration that will be stayed as long as he complies with terms of probation, said Deputy District Attorney Karen Forcum, who sat in at Thursday’s hearing for District Attorney Candice Hooper.
Hooper prosecuted the case, but could not be reached immediately to comment on the plea deal.
The man, whom the Free Lance is not naming to protect his daughter’s identity, got into an altercation in February outside the courthouse with Arnaldo M. Hernandez.
Hernandez, 52, is accused of lewd and lascivious acts against the 5-year-old girl. He had been set to accept a “West plea” to the lewd acts charge – under the condition that a doctor would evaluate the suspect to determine his level of risk as an offender. It would help the judge decide an appropriate sentence ranging from probation to eight years in state prison.
The altercation outside the courthouse occurred on the day, about two months ago, when Hernandez agreed to accept the plea. But Hernandez failed to show to his latest scheduled hearing in mid-March and is considered a fugitive.
The young girl’s family, meanwhile, has questioned why authorities did not consider requiring Hernandez to post bail. After the Hollister Police Department conducted an investigation, the agency submitted a report to the district attorney, which compelled Hernandez to turn himself in at the jail for booking.
The girl’s mother also has raised concerns in alleging Hernandez is an illegal immigrant. If Hernandez’s name had shown up in federal immigration databases after his arrest, there likely would have been an immigration hold placed on him, preventing him from fleeing.
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