Five-year probation includes stern conditions, including no eye
contact with the victim
By Michael Van Cassell Staff Writer
Hollister – San Juan Bautista resident William Lavagnino Jr., 53, was sentenced to 150 days in county jail and five-year probation for the attempted molestation of an 11-year-old neighbor girl possession of child pornography.
During the sentencing hearing Wednesday morning at the San Benito County Courthouse, Superior Court Judge Steven Sanders gave stern warnings to Lavagnino about following the conditions of his probation and staying away from the 11-year-old girl he allegedly molested.
In attendance were Lavagnino’s mother and sister; absent was the victim’s family. In their place was a victim’s impact statement, which may have kept Lavagnino from being sentenced to the maximum of four years in prison for his no-contest pleas. The court was swayed by the victim’s impact note and accompanying letters of testimony on behalf of Lavagnino from family members and friends, San Benito County District Attorney John Sarsfield said.
The victim’s impact statement, written by the victim’s father, told the court the family is very concerned with Lavagnino’s proximity to their daughter, but deemed probation and treatment to be appropriate sentences in place of imprisonment.
“Frankly my initial reaction was not for court probation,” Sanders said during Wednesday’s sentencing hearing. “He preyed on the very vulnerable.”
The terms of Lavagnino’s five-year probation include abstention from drugs and alcohol, abstention from Internet use to access pornography, submission to the search and seizure of his personal computer by probation officers, enrolling in an appropriate sexual offender program, paying more than $2,000 in court fines and fees, and staying 100 yards away from the victim.
San Benito County Sheriff Curtis Hill said he didn’t think the sentence sent a strong enough message.
Lavagnino lives with his parents because of disabilities and dependency issues, said Peter Leeming, Lavagnino’s co-counsel. The Lavagninos’ home is within 100 yards of the victim’s home. Sanders set conditions on the restraining order such as to allow Lavagnino to come and go from the house, but any contact, including eye contact, with the victim will result in a violation of probation.
“I’m not going to tolerate any deviations,” Sanders said. “I don’t even want them to see you, and if that can’t happen, I want you to move to accommodate the family that has been victimized.”
Sanders added that the maximum prison penalty would be considered if Lavagnino violates the restraining order terms.
Leeming said probation was appropriate for Lavagnino’s case since no physical molestation occurred.
“This is on the lighter side of the scale,” Leeming said. “I think the victim and her family realized that.”
Sarsfield said he thought the sentence was fair. He also said that the plea bargain deal allowed the victim and her family to avoid the stress and public exposure of a court trial.
