Juan Fabian-Garcia was convicted of a charge related to an
incident in which police say he sexually assaulted a 12-year-old
Juan Fabian-Garcia was convicted of a charge related to an incident in which police say he sexually assaulted a 12-year-old girl.
Fabian-Garcia, 18 of Gilroy, pleaded no contest Jan. 13 to the charge of lewd and lascivious acts on a minor younger than 14, Santa Clara County deputy district attorney Steve Fein said. His sentencing hearing is scheduled for March 14 at South County Courthouse in Morgan Hill.
The conviction carries a sentence of up to three years in prison, though the court could hand him a lighter sentence at a local jail, Fein explained. Fabian-Garcia will be evaluated by a doctor before the sentencing hearing, and the judge will consider the doctor’s findings in determining a sentence.
Fabian-Garcia was arrested Sept. 29, 2010 at his home in Gilroy after the 12-year-old female victim reported to police that he sexually assaulted her, police said. Fabian-Garcia assaulted the girl the previous weekend at a party near Hill Road and San Pedro Avenue in Morgan Hill.
No charges in child abuse investigation
Prosecutors will not pursue allegations of child abuse against a Morgan Hill Unified School District teacher.
South Santa Clara County deputy supervising district attorney Steve Lowney said his office rejected the case after reviewing evidence and reports compiled by Morgan Hill police, who investigated the allegation.
“The conduct involved did not arise to cruelty to a child. We could not have proven that charge,” Lowney said.
A parent of a student at a Morgan Hill school reported the alleged abuse to police earlier this month. Authorities have declined to release any details about the case, including the teacher and school where the incident occurred.
The teacher was not cited or arrested on suspicion of a crime.
Suspected stabber returns to court
Anthony Hernandez will be in court Thursday for a pre-trial hearing in the case in which he is accused of trying to kill his girlfriend’s father outside a Morgan Hill apartment complex.
Hernandez, 23 of Morgan Hill, pleaded not guilty to the charge of attempted murder in June 2010. He is accused of stabbing Matt Benoit, 36 of Morgan Hill, seven times in the back with a pocket knife. The incident happened the night of April 29, 2010, outside the Villa Teresa apartment complex on Berry Court.
Hernandez was living with his 18-year-old girlfriend, Benoit’s daughter, at the apartment complex when the stabbing occurred, police said.
Police said Benoit went to the apartment to visit his daughter. After a brief exchange of unfriendly words between the two, Hernandez stabbed Benoit with a pocket knife, and he reportedly told police that he thought the victim came to the apartment to “cause trouble” and he acted in self-defense.
After stabbing Benoit, police said Hernandez went to his vehicle and retrieved a hand gun, which he pointed at the victim as he threatened to kill him.
If convicted, Hernandez faces a maximum sentence of life in prison.
Robillos hearing postponed
A Tracy man who is accused of repeatedly molesting a young female several years ago in Morgan Hill will return to court Feb. 17, after a closed meeting with his attorney and prosecutors was postponed last week.
Santy Robillos, 45, is charged with four counts of lewd behavior against a minor. He was arrested Sept. 2, 2010, at his home on Kavanagh Avenue in Tracy, after police investigated claims that he molested a girl several times who was about 6 or 7 years old at the time of the incidents.
The crimes allegedly happened in 2000 and 2002, and Robillos’ arrest is based on an investigation that started in April 2010, police said. Robillos was a friend of the victim’s family at the time of the incidents and lived with the girl’s family in Morgan Hill when the crimes happened.
During the investigation, police also determined that a neighbor of the victim, who was 9 years old at the time, was also sexually assaulted by Robillos.
He remains in Santa Clara County custody.
If convicted, Robillos faces a maximum sentence of 48 years in prison.
His hearing Feb. 17 at South County Courthouse is on the felony advanced resolution calendar, a closed meeting with the judge in which Robillos’ counsel and prosecutors from the Santa Clara County District Attorney’s office will discuss possible ways to resolve the case without proceeding to a trial.