A Hays man entered a plea agreement Wednesday that could sentence him to prison for almost three years.
Hunter Gonzales, 24, had been scheduled to go to trial next month on charges of rape and aggravated criminal sodomy, but entered a plea of no contest Wednesday in Ellis County District Court to two charges of felony reckless aggravated battery and a misdemeanor charge of sexual battery.
The victim had been notified of the plea, Ellis County Attorney Tom Drees told Judge Glenn Braun, and was present at the hearing.
The plea agreement recommends a 32 month-prison sentence on the first charge of reckless aggravated battery followed by five years probation with Northwest Kansas Community Corrections, concurrent with Gonzales’ post-release supervision.
In addition, the plea recommends he undergo a sex offender treatment program while on probation.
For the misdemeanor charge, the agreement recommends a five-year probation with a 12-month underlying sentence in county jail, to run concurrent with the prison sentence.
He would also have to register as a sex offender for 15 years.
The standard sentence for conviction on each of the original charges is 155 months — just short of 13 years.
Sentencing is scheduled for 3 p.m. July 1.
In Wednesday’s hearing, both Drees and defense attorney Paul Oller noted Braun had heard details of the charges in several hearings already.
Drees summarized the arrest affidavit for the record, saying the 18-year-old victim, whom Gonzales was acquainted with, was at his Hays home on Nov. 13, 2017. She was on his bed when he climbed on top of her. Even though she repeatedly told him “no,” he removed her clothing and had sex with her.
One of the prior hearings was on a motion by Drees to include prior bad acts in his case against Gonzales. In that August hearing, an Austin, Texas, woman testified via video conference that in August 2013, while she and Gonzales were students at Garden City Community College, he started talking to her in a TV lounge on campus. She said she began to feel uncomfortable and left, and Gonzales followed her. Outside the campus library, he used a vulgar term to ask if she wanted to have sex and tried to kiss her.
The woman said that as she walked away, Gonzales flashed his genitals at her.
She did not report the incident to police, but was contacted by them later after another woman reported an incident with Gonzales.