Superior Court Associate Judge David A. Wiseman has imposed a six-day prison term on a man accused of violating a court orhder by insisting to see his children at the home of his former girlfriend in San Roque in the early morning hours and at night time.
Wiseman sentenced Joseph Jones Villagomez to six months in prison, all suspended except for two days, for disturbing the peace.
Wiseman also sentenced the 41-year-old Villagomez to six months in prison, all suspended except for four days, for another count of disturbing the peace.
The sentence shall run consecutively, which means Villagomez shall serve a total of six days in prison for both counts. He was given credit for four days. He was ordered to report to the Department of Corrections on March 13 and will be released on March 15.
After completing his sentence, Villagomez will be placed on one year of supervised probation. He is prohibited from consuming any alcoholic beverages or controlled substances during his probation. He was required to undergo alcohol counseling if recommended by his probation officer.
The Office of the Attorney General charged Villagomez with two counts of disturbing the peace. He pleaded guilty on Wednesday to both charges as part of a plea deal.
Wiseman said he reluctantly accepted the terms and conditions of the plea agreement upon hearing the mitigating circumstances, which include that Villagomez has as serious drinking problem, that there was no physical harm with or to the victim in this case.
The judge said Villagomez has been steadily working for six years and does support his children.
“The court further finds that being on probation for a year and being subject to the prohibition of possessing or consumption of alcohol, and probation’s right to monitor him at any time is in the best interest of justice…” Wiseman said.
Villagomez went to the house of his former girlfriend in the early morning hours of Aug. 30, 2014, knocking on her door and causing her to be scared.
That same day, while drunk, Villagomez yelled profanities at the brother of his former girlfriend when the brother denied him access to his children as the children were sleeping.