A plea deal is off for the hospital board official accused of
misdemeanor molesting charges alleging he kissed a 16-year-old girl
in July, and he is scheduled for a trial to begin April 12.
A plea deal is off for the hospital board official accused of misdemeanor molesting charges alleging he kissed a 16-year-old girl in July, and he is scheduled for a trial to begin April 12.
Ernest Rivas, 58, is accused of annoying and molesting the minor on or about July 16 and he was arrested by the Hollister Police Department in August. Rivas was released after paying his $5,000 bail and he pleaded not guilty to the charge.
He had been set to formalize a plea deal Thursday at a hearing – to a lesser battery charge – but the two sides instead agreed to a trial date.
Deputy District Attorney Karen Forcum, who is handling the prosecution, confirmed the two sides no longer agreed to the original terms agreed upon in December.
“We had pretty much worked out the terms of a resolution,” Forcum said. “There was some problem with ultimately the parties coming to an agreement on those terms.”
She said they could not agree on the “desired consequences as far as this office is concerned.” She declined to elaborate on what issues, such as the proposed jail time, ultimately held up the negotiations.
The trial starting April 12 is expected to last three to four days. Rivas is set for a confirmation hearing at 2 p.m. March 30.
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.
Regarding details of the case beyond the allegation that Rivas kissed the minor, the police department has declined to release the case’s report and its spokesman Sgt. David Westrick has referred the request to the district attorney’s office. Forcum said the report would have to come from the police department.
Rivas was elected to the San Benito Health Care District board in November 2008. Two of the other four board members, Gordon Machado and Mary McCullough, have said he should step down from the position.
