ROSEAU COUNTY – A Colorado man was granted a stay of adjudication for the felony charge of first degree criminal sexual conduct after entering a guilty plea. This means he will not have the felony on his record if he successfully completes probation.
Richard Hector Hernandez, 54, was convicted of fifth degree assault, a misdemeanor, on Nov. 7.
Hernandez will be on supervised probation for five years. He will also be on electronic home monitoring for 200 days with credit for 71 days.
The charges were filed after a juvenile reported that Hernandez sexually assaulted her in 2013 while living with her mother in Greenbush, Minnesota. The victim disclosed the assault to a social worker in 2020.
The juvenile reported waking up to Hernandez assaulting her and, afterwards, he threatened her to prevent her from telling anyone. The victim was under the age of 10.
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Hernandez was living in Brighton, Colorado at the time of his arrest in August 2020.
Hernandez pleaded guilty to both charges in April of this year.
First degree criminal sexual conduct has a mandatory minimum sentence of 144 months in prison (12 years). The maximum sentence is 30 years in prison and a $40,000 fine.