Joseph David Badilla, in custody, appeared for arraignment on three Category B Felony charges of Lewdness with a Child Under the Age of 16. Count 1 alleges Badilla interacted with a 14-year-old with the intent of arousing the feeling to or gratifying the lust or passion or sexual desires of himself or that individual in December 2020. Count 2 is the same allegation with the action occurring in January 2021. Count 3 alleges Badilla also interacted with a 15-year-old with the same intent as counts 1 and 2, at a different location, sometime between October 1 and December 2, 2022.
Badilla told the court he is in the process of retaining Richard Davies as his attorney. Custody status was addressed. In requesting release on his own recognizance, Badilla told the court he has lived in Churchill County for many years, has had the same job for 10 years, is a property owner, and did not do anything to hinder the investigation. ADA Priscilla Baker said the state objects to an OR release for the safety of the community. She said the victim is no longer in the home; however, Badilla is in a relationship with the mother of the victim and they share children in common. Baker said the state is adamant that regardless of whether the defendant is in custody or out of custody, there be no contact with the victim either directly by himself or through any third party. She said the state believes bail is appropriate. The judge stated said he is going to issue an order designating no contact with the alleged victim in this case by Badilla or by anybody on his behalf. The judge found no clear and convincing reason to require bail based on the length of time Badilla has lived here and been employed.
In 2020, the Nevada Supreme Court decided in Valdez-Jimenez v. Eighth Judicial District Court that courts may impose bail only if the prosecutor “proves by clear and convincing evidence that it is necessary to ensure the defendant’s presence at future court proceedings or to protect the safety of the community, including the victim and the victim’s family.”
The judge granted Badilla release on his own recognizance, telling the defendant that if he violates any of the following conditions his bond will be set at $450,000 bondable. The conditions of release are that Badilla shows up for all his court hearings, he has his attorney contact the court and let them know he is representing the defendant and Badilla has no further criminal violations and follows the no contact order. A Status Hearing was set for April 13.
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