Miguel Angel Aguayo-Rodriguez appeared for sentencing in the Tenth Judicial District Court on March 25 before Judge Thomas Stockard on the Gross Misdemeanor charge of Indecent or Obscene Exposure, which he pleaded guilty to in January.
A Psychological Risk Assessment, which is required for the court to consider probation, concluded that the evaluator found Aguayo-Rodriguez at a low risk of reoffending.
Deputy District Attorney Priscilla Baker told the court that although he has no criminal history, alleging that Aguayo-Rodriguez engaged in conduct aimed at earning the victim's trust for later exploitation.
Baker stated that when the victim reached a certain age, he started engaging in inappropriate conduct. "He admitted to law enforcement during the interview that this victim, this young victim at age 9 and 10, looked at him with desire." The state asked for a maximum term of 364 days in the Churchill County Jail.
Churchill County Alternate Public Defender Wright Noel argued that the state's allegations regarding Aguayo-Rodriguez's actions of attempting to gain the victim's trust for the purpose of exploitation were inappropriate, and "the facts of the case do not show that at all."
Noel called attention to Dr. Hixon-Brenenstall's conclusions on the Psychological Rist Assessment, noting his client's low risk of reoffending, stating that if the doctor found the indications of predatory behavior, she would recommend sex offender treatment. Noel also asserted that Aguayo-Rodriguez made the statement DA Baker referred to without an interpreter present. He argued that he felt probation was appropriate, citing Dr. Hixon-Brenenstall's findings, his client's cooperation, accepting responsibility, and lack of criminal history.
Aguayo-Rodriguez told Judge Stockard, "I am not a bad person," and explained that he is a good worker, has always been there for my family, and is responsible for his son.
Judge Stockard granted Aguayo-Rodriguez probation on a 364-day suspended sentence, ordered an evaluation, and he must also register as a sex offender.

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