Suspect in child porn case rejects plea deal
The Yuma man charged with creating and possessing child pornography will stand trial now that he turned down a plea agreement Wednesday, one that would have significantly reduced his time behind bars.
During a hearing in Yuma County Superior Court, Judge David Haws told Levi Madrigal that while it was his right to proceed to trial, he wanted to make sure that Madrigal understood the risks of not accepting the plea offer if he were found guilty of the charges against him.
Madrigal, who is being represented by attorney Michael Donovan, has been charged with 14 felony counts of sexual exploitation of a minor. He is currently out of custody on bond.
When asked to provide the court with the terms of the plea agreement, prosecutor Yancy Garner, of the Yuma County Attorney’s Office, explained that each of the charges against Madrigal carries a prison sentence ranging from 10 to 24 years, with 17 years being the presumptive sentence.
And since the court is required to order that the sentences be served consecutively, if he is found guilty at trial, the mandatory minimum sentence Madrigal could receive would be for 140 years, which is 10 years for each of the 14 charges against him.
However, Garner continued, the plea offer currently before Madrigal stipulates that he be sentenced to five years in prison and that he must register as a sex offender. Probation is not available
“The state has extended a beneficial plea offer in this case to the defendant,” Garner said.
Once Garner had finished, Judge Haws once again asked Madrigal if he still wanted to reject the plea and go to trial. Madrigal said he did.
Judge Haws then reaffirmed 9 a.m. on Nov. 6 as the first day of the trial and a final trial management conference for 8:30 a.m. on Oct. 10.
According to Yuma police, Madrigal, who had a felony warrant out for his arrest, was captured on Dec. 8 by U.S. Marshals in Converse County, Wyoming, where he was believed to be working.
He was then extradited back to Yuma on Dec. 24 and subsequently booked into the Yuma County jail.