San Benito Health Care District Board Member Ernest D. Rivas is
accused of a molestation charge alleging he kissed a 16-year-old
girl in July. Rivas, 58, had been set for a jury trial after
pleading not guilty to the misdemeanor allegation. His attorney and
prosecutors were preparing to settle on a lesser charge
– which remains on the table – at a Dec. 29 hearing when Rivas
fainted in the courtroom and momentarily stopped breathing.
San Benito Health Care District Board Member Ernest D. Rivas is accused of a molestation charge alleging he kissed a 16-year-old girl in July.
Rivas, 58, had been set for a jury trial after pleading not guilty to the misdemeanor allegation. His attorney and prosecutors were preparing to settle on a lesser charge – which remains on the table – at a Dec. 29 hearing when Rivas fainted in the courtroom and momentarily stopped breathing, confirmed his attorney, Elvira Zaragoza Robinson. Rivas was transported by ambulance to Hazel Hawkins Memorial Hospital, but since then has been released.
“It was set for a jury trial, and we were going to settle it,” Robinson said. “During the settlement, Ernie collapsed. It’s not going to go to trial.”
Rivas declined to comment when reached on his cell phone today.
Elected to his first term on the health care district board in November 2008, Rivas is suspected of kissing the girl on or about July 16 and he was arrested by the Hollister Police Department on Aug. 23, according to records. Rivas was released the following day after paying his $5,000 bail and he later pleaded not guilty to the charge.
If convicted of molestation, Rivas would face a possible sentence of a year in county jail and a fine of up to $5,000, according to the penal code. He also would have to register as a sex offender.
Robinson mentioned how the proposed settlement would involve some kind of battery charge. It’s unclear what other terms might be involved in a potential plea agreement, and Robinson declined to discuss details of the proposal until “we get the disposition.”
That is set to take place at a court hearing Tuesday before Judge Steven Sanders, who had vacated the proceedings Dec. 29.
A misdemeanor conviction, meanwhile, does not restrict Rivas from holding his elected seat on the health care district board. Board President Gordon Machado said Rivas has not indicated whether he intends to step down.
“We’re certainly aware of it and concerned,” Machado said regarding the case.
Rivas has continued to attend some meetings since his arrest in August, Machado confirmed.
Rivas was elected to the five-member board in November 2008 when he, Machado and Nazhat Parveen defeated three other candidates for the available seats.
Rivas had been known for being terminated in 1996 as head of the respiratory department at Hazel Hawkins Memorial Hospital, which he sued a year later.
Look for the full story in the Free Lance on Tuesday.
