LAKEPORT — A judge Monday rejected a plea deal in the case against Derik D. Navarro, the former Lake County Sheriff”s Office deputy who last month admitted to one count of unlawful sex with a minor in exchange for a maximum 120-day jail term.
The decision came minutes after prosecutor David Druliner, of the California Attorney General”s Office, urged the court to follow the agreement and provide closure for the alleged victim.
Judge Andrew S. Blum said it would not be just for him to impose what he called a “ridiculously lenient sentence” despite the support the deal received from the alleged victim.
Navarro, 39, pleaded guilty on Dec. 7 to one count of unlawful intercourse with a person younger than 16 — reportedly a female babysitter — for an alleged act said to have occurred sometime between October 2005 and May 2006, according to court records.
Under the agreement, the remaining 15 felony charges for alleged sexual acts against the same girl were dismissed.
However in light of the judge”s decision, Navarro withdrew his guilty plea early Monday afternoon at the Lake County Courthouse.
He now again faces more than a dozen felony counts for alleged child sex abuse. Blum reinstated Navarro”s pleas of not guilty to all charges.
The former deputy had denied any wrongdoing since the case originated in April 2007, until accepting a deal on the same day prospective jurors gathered to possibly sit on his trial.
During Monday”s sentencing hearing, Druliner read a statement from the alleged victim”s family in which the relatives implored the judge to uphold the terms of the agreement.
Family members said Navarro”s “admittance to guilt and him never wearing a badge again” provided them the necessary closure, according to the letter.
Druliner then added his own comments in support of the deal, saying, “We have a defendant who has pled guilty.”
He called the alleged victim, now in her early 20s, a “remarkable young lady,” and later said, “I know that she wants closure today on this case.”
Blum opened his remarks by saying he could not impose a sentence longer than the one agreed to by both parties, leaving only a choice between acceptance and rejection. “There is no middle ground,” he said.
The judge added that his task was not to determine if the alleged victim should have closure but to decide whether the deal is “just.”
Blum said he could not sign off on a sentence that was “far, far too lenient” for alleged acts against a “particularly vulnerable” 14-year-old girl.
The alleged victim and some of her relatives cried out as the judge announced his decision to reject the deal.
Blum urged the parties to settle on a trial date as soon as possible. The case has met with a slew of continuances during the past four-plus years, primarily related to changes of attorneys on both sides.
A trial date is set to be determined during a court appearance on Jan. 17.
Both Druliner and defense counsel Mitchell Hauptman declined to comment after Monday”s proceedings.
Lake County Sheriff Frank Rivero, who was not in office during Navarro”s tenure as a deputy, attended the sentencing hearing and strongly supported the court”s decision.
“I commend and applaud Judge Blum for having the guts and the gumption to reject this sweetheart plea bargain,” Rivero said, later adding, “My heart does go out to the victim and I hope that she stays strong.”
Contact Jeremy Walsh at jwalsh@record-bee.com or call him at 263-5636, ext. 37.
