A 49-year old man in the Logan County Detention Center for 317 days was found guilty of second degree sexual assault after pleading no contest to the offense Friday before 15th Judicial District Judge Jerry Don Ramey.
Alfredo Diaz-Hernandez entered the plea with the assistance of an interpreter and his attorney, Ernie Witt.
Diaz-Hernandez was sentenced to 10 years in the Arkansas Department of Correction with five years suspended. He must also submit a DNA sample and register as a sex offender.
Ramey told Diaz-Hernandez he did not know Diaz-Hernandez’s immigration status but, it was his duty to inform Diaz-Hernandez that it was possible that accepting the plea could impact that status.
The Logan County Detention Center inmate list has, for months, listed Diaz-Hernandez’s offense as second degree sexual assault with a notation that he be held for Immigration and Customs Enforcement officers.
After Diaz-Hernandez was jailed last April, investigators spoke with I.C.E. officials who determined he was in the country illegally. Diaz-Hernandez asked to speak to the Mexican Consulate and was permitted to do so, according to court documents.
Fifteenth Judicial District Deputy Prosecuting Brian Mueller said he anticipated the state would call a girl less than 14 years old who would testify that "Mr. Diaz-Hernandez touched her breasts and buttocks while she was sleeping."
Diaz-Hernandez did not object to the state’s presentation of the factual basis for the charge.