Hospital board member alleged to have kissed a 16-year-old girl
last summer
A plea hearing Tuesday was put off at which hospital Board
Member Ernest D. Rivas, accused of a molesting charge alleging he
kissed a 16-year-old girl in July, had been expected to accept a
settlement on a lesser battery allegation.
Hospital board member alleged to have kissed a 16-year-old girl last summer
A plea hearing Tuesday was put off at which hospital Board Member Ernest D. Rivas, accused of a molesting charge alleging he kissed a 16-year-old girl in July, had been expected to accept a settlement on a lesser battery allegation.
Rivas’ side requested the delay, with the hearing moved to Feb. 4 at 4 p.m. His attorney Elvira Zaragoza Robinson requested the move because she is in a jury trial this week on another case. She said she expects a plea deal to be reached officially at that hearing.
Rivas, 58, had been set for a jury trial after pleading not guilty to the misdemeanor allegation of molesting a child. 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. That hearing had been rescheduled for Tuesday afternoon.
Elected to his first term on the health care district board in November 2008, he is suspected of kissing the girl on or about July 16 and was arrested by the Hollister Police Department in August, according to records. Rivas was released after paying his $5,000 bail and he 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. Rivas, whose address is listed as the first block of Monterey Street, declined to comment when reached on his cell phone late last week.
Hollister police spokesman Sgt. David Westrick last week said the department would not discuss further details on the case because it is already in trial.
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.”
There were two protective orders issued in the proceedings – one in August after his arrest and another in September. They bar him from making any sort of contact with or being within 100 yards of two girls, one of them being the suspected victim in the case.
A misdemeanor conviction does not legally restrict Rivas from holding his elected seat on the health care district board.
Rivas was elected to the five-member board in 2008 when he, Gordon 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.
Deputy District Attorney Karen Forcum is handling the prosecution side of the case. Forcum declined to comment about the proposed plea deal.
