ST. GEORGE — An Ivins man accused of sexually abusing a youngster under the age of 10 appeared for sentencing on sexual abuse of a child charges recently. The judge made it clear the defendant could spend time in federal prison if he illegally entered the country upon his release from custody.
On Aug. 17, 50-year-old Hector Hernandez appeared before District Judge John J. Walton to be sentenced on one second-degree felony count of sexual abuse of a child, a charge that was reduced from a first-degree felony.
The case stems from an investigation in January of last year, when the reporting party told officers she had been sexually abuse by the defendant — abuse that began when she was a child living in St. George.
According to the affidavit filed at the time of the arrest, the child was reportedly molested repeatedly. At one point, the youth suffered a fracture as a result. The affidavit adds that when Hernandez was confronted about the injury, the suspect did not want anyone to know what had happened for fear he would be deported.
On July 18, 2022, the suspect was arrested and charged with eight first-degree felony charges, including seven counts of rape of a child and one count of sodomy of a child, all of which but one were dismissed in June in exchange for a guilty plea.
During sentencing, prosecutor Eric Gentry said the reason the state agreed to a suspended prison sentence, if imposed, was based on a number of evidentiary issues that came to light while preparing for the upcoming trial.
He went on to say that Hernandez would more than likely be deported following his release from custody, at which point the defendant would be subject to federal prosecution if he returned to the United States. Gentry also petitioned the court for a restraining order to protect the victim.
Hernandez was represented by defense attorney, Caleb Cottam, who said the claim that his client showed no remorse for his actions was not accurate, and the discrepancy was largely due to a translation issue in the pre-sentence investigation.
Judge Walton then confirmed that Hernandez was in the country illegally and commented on the proposed plea agreement by stating it was “not even close to a sufficient punishment for Mr. Hernandez” for crimes against a child.
The judge then sentenced the defendant to serve one year in jail in Washington County, where an Immigrations and Customs hold is currently in place.
Walton closed telling Hernandez, “If you return to this country with a conviction like this, then you will serve a mandatory federal prison sentence.”
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